Harassment
It is illegal to harass an employee because of race, color, religion, sex (including pregnancy), gender identity, sexual orientation, national origin, age, disability or genetic information.
It is also illegal to harass someone because they have complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.
Harassment can take the form of slurs, graffiti, offensive or derogatory comments, or other verbal or physical conduct. Sexual harassment (including unwelcome sexual advances, requests for sexual favors, and other conduct of a sexual nature) is also unlawful. Although the law does not prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal if it is so frequent or severe that it creates a hostile or offensive work environment or if it results in an adverse employment decision (such as the victim being fired or demoted).
The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.
Harassment outside of the workplace may also be illegal if there is a link with the workplace. For example, if a supervisor harasses an employee while driving the employee to a meeting.
Please note: harassment complaints can only be filed with MCCR if it is connected to the owner/operator (or an agent/employee of the owner/operator) refusing, withholding, or denying the accommodations, advantages, facilities and privileges of that place of public accommodation.
Retaliation
Retaliation occurs when an employer takes a materially adverse action (a change in a fact, circumstance or event that is or would reasonably be expected to negatively affect the work environment {financial or otherwise} because an applicant or employee asserts their rights protected by anti-discrimination law. Retaliation has to be related to a protected activity.
Protected activity includes but is not limited to:
- filing or being a witness in a discrimination complaint, investigation, or lawsuit
- communicating with a supervisor or manager about employment discrimination, including harassment
- answering questions during an employer investigation of alleged harassment
- refusing to follow orders that would result in discrimination
- resisting sexual advances, or intervening to protect others
- requesting accommodation of a disability or for a religious practice
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