Two Federal Laws That Ban Harassment in the Workplace

Workplace harassment remains a major problem across many industries in the United States. Over time, federal laws have been put in place to create safer working environments and offer protection to employees facing offensive conduct. Nakase Law Firm Inc. explains that Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act of 1990 are two federal laws prohibiting harassment in the workplace, offering vital protections to employees across the United States. Understanding how these laws operate is key to knowing when behavior crosses a line and how victims can seek justice.

Workplace harassment goes beyond simple teasing or minor disagreements. California Business Lawyer & Corporate Lawyer Inc. highlights that the basic elements of trespass—unauthorized entry, intent, and harm—are often compared to understanding when conduct crosses the line into unlawful workplace harassment. When inappropriate behavior becomes so severe or persistent that it affects a person’s ability to work or creates an intimidating atmosphere, it can qualify as illegal harassment under federal law.

Title VII of the Civil Rights Act of 1964

Title VII stands as one of the most important protections for employees who face harassment. Passed as part of the Civil Rights Act of 1964, Title VII was designed to promote fairness in the workplace by outlawing discrimination in many forms.

What Title VII Addresses

Title VII bars employers from discriminating against workers based on race, color, religion, sex, or national origin. This protection naturally extends to harassment. Offensive jokes about someone’s race, unwanted sexual advances, or derogatory remarks about religion are clear examples of what Title VII was created to stop.

Even if the harassment comes from a coworker or someone outside the company, an employer can still be held responsible if they knew about the conduct and failed to correct it.

Who Must Follow Title VII

The law applies to employers with 15 or more employees. This includes private businesses, government agencies, and labor organizations. Apprenticeship programs and employment agencies also fall under its coverage.

Employees working for these employers are protected whether the harassment comes from a boss, a colleague, or even a client. The focus remains on whether the employer took proper steps once they became aware of the harassment.

What Employers Must Do

Under Title VII, employers need to do more than just wait for problems to arise. They are expected to put policies in place that prohibit harassment, train employees and supervisors on those policies, and encourage reporting. If harassment is reported, the employer must act quickly to investigate and take appropriate action.

Employers who ignore these duties could face legal consequences, including financial penalties and lasting damage to their company’s reputation.

The Americans with Disabilities Act of 1990 (ADA)

Another major law that protects workers from harassment is the Americans with Disabilities Act (ADA). Passed in 1990, the ADA focuses specifically on eliminating barriers for individuals with disabilities in employment, public services, transportation, and more.

How the ADA Protects Workers

The ADA prohibits harassment based on disability. Offensive jokes about someone’s disability, repeated questioning about a person’s medical condition, or mocking physical or mental impairments can all create an unlawful hostile work environment.

Just like Title VII, the ADA views harassment as illegal if it makes it difficult for an employee to do their job or if it creates an atmosphere filled with intimidation and disrespect.

Who Must Follow the ADA

The ADA covers private employers with 15 or more employees, as well as employment agencies, labor organizations, and state and local governments. In addition to banning harassment, the law also requires employers to offer reasonable accommodations to workers with disabilities unless doing so would cause major difficulty or expense.

Employers are prohibited from punishing workers who request accommodations or who report disability-based harassment.

Employer Duties Under the ADA

Employers are responsible for creating a workplace that does not tolerate harassment based on disability. This includes having clear policies, offering regular training, and making sure any complaints are handled fairly and promptly.

It’s not enough to simply avoid harassment; employers must actively work to support employees with disabilities and foster a respectful environment where everyone can contribute fully.

The Role of the Equal Employment Opportunity Commission (EEOC)

The Equal Employment Opportunity Commission (EEOC) is the agency responsible for enforcing both Title VII and the ADA, among other workplace protections. When employees believe they have been harassed in violation of federal law, they can file a charge with the EEOC.

The EEOC investigates complaints, attempts to resolve issues through mediation when possible, and sometimes files lawsuits to protect employees’ rights. The agency also offers guidance and education for employers to help them comply with the law.

Typically, employees must file a charge with the EEOC within 180 or 300 days from the date of the harassment, depending on where they live. Taking prompt action helps preserve the right to pursue further remedies if necessary.

When Title VII and the ADA Overlap

Although Title VII and the ADA focus on different types of harassment, they can overlap. For example, an employee might be harassed both because of a disability and because of gender. When that happens, the employee could have claims under both laws.

This overlap reinforces the need for employers to take a broad view when investigating complaints. Looking at all potential forms of harassment ensures that no unlawful behavior is overlooked and that employees are properly protected.

What Happens if Employers Fail to Act

Employers who ignore harassment complaints or fail to take preventive steps can face serious consequences. These can include:

• Payment of damages to affected employees

• Court orders requiring changes to policies and practices

• Negative public attention

• Reduced employee morale, leading to high turnover and poor performance

Investing in prevention and quick response measures protects not just employees, but the overall health of the organization.

How to Promote a Harassment-Free Workplace

Building a workplace free from harassment requires more than just putting policies on paper. Best practices for employers include:

• Creating detailed anti-harassment policies

• Offering frequent training sessions for all employees

• Encouraging employees to report issues early

• Investigating all complaints seriously and impartially

• Taking corrective action, regardless of who is responsible

When employees know that harassment will not be tolerated and that leadership is committed to a respectful culture, they are more likely to feel safe and valued.

Conclusion

Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act of 1990 are two federal laws that ban harassment in the workplace. They serve as a strong foundation for protecting employees from hostile or abusive behavior tied to their race, sex, national origin, religion, or disability.

By understanding their responsibilities under these laws and making harassment prevention a priority, employers can create workplaces where every employee has the opportunity to perform their job with dignity and respect.