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4. November 15, 2021

Equal Rights Division Newsletter - November 15, 2021

Harassment - when does it become unlawful?

People often assume that all harassment is unlawful. Being picked on for which sports team you like is annoying, but it's not unlawful. For harassing behavior to be unlawful it must be based on an individual's membership in a protected class. It must also be severe or pervasive enough that it rises to the level of harassment.

What does it mean to be in a protected class?

Wisconsin Fair Employment Law recognizes several different categories as being protected under the law from harassment in the workplace and housing. These protected categories or "classes" are:

• Age (over 40 is protected),
• Arrest or conviction record,
• Ancestry, Color, National Origin or Race,
• Creed,
• Disability,
• Genetic testing,
• Honesty testing,
• Marital status,
• Pregnancy or childbirth,
• Sex,
• Sexual orientation,
• the Use or nonuse of lawful products off the employer's premises during nonworking hours.

When does harassing behavior become unlawful harassment?

Unlawful harassment is established when unwelcome activity reaches a level considered to be severe or pervasive. If harassing behavior happens frequently, and interferes with work responsibilities, it is then severe and pervasive enough to be considered unlawful harassment.

Know Your Rights

You have the right to a work environment that treats you as respectfully as your co-workers, regardless of your sex, age over 40, race, religion, disability, marital status, or any other characteristics the Wisconsin Fair Employment Law protects as mentioned above. If you have experienced or think you have experienced workplace harassment or harassment in housing, you may want to contact the Equal Rights Division for further assistance.

Resources

• Visit the Equal Rights Discrimination in Employment webpage for more information
• View our 60-Second Questions Video Library to learn more about commonly asked equal rights and labor standards questions.

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