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Discrimination & Harassment FAQs
What constitutes harassment?
To understand what constitutes harassment, a person must understand what harassment is. Harassment is a type of discrimination against an individual based on age, creed, race, gender, color, religion, national origin, veterans’ status, sexual orientation, political affiliation and/or disability. Harassment protection is provided by applicable federal and state laws as well as some university policies.
To be deemed serious enough to warrant harassment, the conduct must make the working conditions intimidating, hostile, or offensive to reasonable people. Some examples of conduct of an offensive nature that may constitute harassment are name calling or epithets, ridicule, physical assaults or threats, offensive objects or pictures, slurs, etc.
Things such as petty annoyances or slights, or isolated incidents (unless they are of a serious nature) do not constitute illegal harassment.
What is retaliation?
The same laws that protect people from harassment also prevent employers from retaliating against individuals who are participating in a discrimination proceeding, filing a charge of discrimination, or opposing discrimination in any way. Examples of retaliatory action are firing, demotion, or any form of harassment.
“Retaliation occurs when an employer, employment agency, or labor organization takes an adverse action against a covered individual because he or she engaged in a protected activity.”
Adverse action is anything done by an employer to try and prevent someone from stopping or preventing a discriminatory practice or from taking part in an employment discrimination proceeding. Retaliation does not include things such as negative comments about work performance that are justified or petty annoyances. Some examples of actions that do constitute retaliation are termination or refusal to hire, threats or unjustified negative comments, and almost any other action that could be result in people not pursuing their rights.
There are two main types of protected activities, opposition to a practice believed to be unlawful discrimination and participation in an employment discrimination proceeding. Participating in an employment discrimination proceeding is protected even if the charges of discrimination are investigated and deemed to be invalid.
How is harassment prevented?
Often, prevention is the best and easiest tool to use when combating harassment. There are many means by which an employer can show that harassment will not be tolerated. Some of the most effective methods employers can put in place to establishing effective and efficient grievance or complaint procedures, taking prompt and effective action when an employee complains, and giving all employees anti-harassment education.
What should I do if I am harassed?
Some effective methods that employees can utilize to help stop or prevent harassment are to make the harasser aware of that their actions are unwelcome and must stop, and to let management know that harassment is taking place so that it can be stopped and will not escalate.
If you feel that you have been harassed or discriminated against East Carolina University has a procedure in place to file and investigate harassment or discrimination charges. The East Carolina University manual reads:
“East Carolina students, faculty members, and administrators or visitors who believe that they are victims of sexual, racial, or ethnic harassment or discrimination by East Carolina University Faculty members or administrators with faculty status should bring the matter to the attention of the University Equity Officer.”
Taffye Benson Clayton is the University Equity Officer and can be reached at 252-328-6804 or claytont@ecu.edu.
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