Workplace harassment prohibited by law can take subtle forms, including questioning that can be perceived as harassing even if it was not meant that way, experts have told an EEOC hearing.
For example, harassment based on disability can vary depending on whether the disability is visible or hidden, EEOC said in a summary of the testimony. Readily apparent disabilities may be the subject of taunts and mocking, while others “may result in intrusive medical questions or gossip and innuendo based on myths, fears, and stereotypes.”
Similarly, with regard to religion, even if there is no overt mocking, “individuals may feel harassed if they are constantly called on to explain the actions of other [adherents of the religion] or to explain their religion or religious garb.”
And with regard to age, “Remarks that would be considered creating a hostile environment under other bases such as race tend not to be considered as severe when they involve age. Yet, encountering a daily barrage of negative age-based comments can have the same deleterious effect on older workers as harassment on other bases.”
Among the recommendations was greater communication within the workplace about such behaviors.
