School and Community Winter 2023

Harassment and Discrimination in theWorkplace Harassment and Discrimination in theWorkplace

Discrimination occurs when an individual suffers an adverse employment action due to their protected class status. Protected classes include a person’s age, disability, religion, national origin, color, race, sex (including gender identity, sexual orientation, and gender expression), and citizenship status. Employers may not consider these characteristics when making a variety of decisions, including but not limited to; hiring, firing, promotions, and pay. Harassment is unwelcomed conduct that is based on one of the characteristics listed above. It’s important to note that both harassment and discrimination are limited in scope to these characteristics. As an example, it is not against the law to treat people differently because of personality differences. There are two categories of harassment claims that are typically brought, we will briefly describe them and discuss what steps you might take if you’re harassed in the workplace. Quid pro quo harassment occurs when an employee accepts unwanted behavior in exchange for some employment benefits. The unwanted behavior must be based on the individual’s protected class status. • The other type of harassment is hostile work environment. This takes place when actions have become so pervasive that your workplace is unwelcoming, and it becomes difficult to do your job. This can be difficult to prove, as being a “mean boss” is likely not enough to qualify as harassment. Discrimination occurs when an individual suffers an adverse employment action due to their protected class status. Protected classes include a person’s age, disability, religion, national origin, color, race, sex (including gender identity, sexual orientation, and gender expression), and citizenship status. Employers may not consider these characteristics when making a variety of decisions, including but not limited to; hiring, firing, promotions, and pay. Harassment is unwelcomed conduct that is based on one of the characteristics listed above. It’s important to n te that both harassment and discriminati n re limited in scope to the e char cteristics. As n ex mple, it is not against the law to treat p ople differe tly because of personality differences. There are two categories of harassment claims that are typically brought, we will briefly describe them and discuss what steps you might take if you’re harassed in the workplace. Types of Harassment • Quid pro quo harassment occurs when an employee accepts unwanted behavior in exchange for some e ploy ent benefits. e unwanted behavior ust be based on the individual’s protected class status. • e t er t e f arass e t is stile r i . i l i . , ss is li l t t lif s r ss t. Types of Harassment •

What Should I do? If you have experienced harassment in the workplace you should tell the offending party that their conduct is unwelcome and needs to stop. Further, you should report the incident to your direct supervisor. It’s likely that you will need to file a grievance by following the school district’s grievance process. This is something your supervisor can help you with. If you believe you have been discriminated against by your school district, you should contact the MSTA Legal Services Department directly for further assistance. Contacting MSTA If you have a question about harassment and/or discrimination, or another legal topic please contact the MSTA Legal Services Department. MSTA does not contact your school unless you want us to. Further, there is no need to speak with a shop steward, local president, or other go-between. You can contact the MSTA Legal Services Department directly by phone (866-343-6186) or e-mail (legalservices@msta.org). MSTA has three full-time attorneys on staff that work with members. In addition, the Legal Services Department works with network of attorneys around the entire state of Missouri to further serve you and your legal needs. Most phone calls with an MSTA Staff Attorney are legally protected under attorney-client privilege by Missouri law. We work for you, not your administration or your district. What Should I do? If you have experienced harassment in the workplace you should tell the offending party that their conduct is unwelcome and needs to stop. Further, you should report the incident to your direct supervisor. It’s likely that you will need to file a grievance by following the school district’s grievance process. This is something your supervisor can help you with. If you believe you have been discriminated against by your school district, you should contact the MSTA Legal Services Department directly for further assistance. Contacting MSTA If you have a question about harassment and/or discrimination, or a other leg l topic ple se c ntact the MSTA Legal Services Dep rtment. MSTA does not contact your school unless you want us to. Further, there is no need to speak with a shop steward, local president, or other go-between. You can contact the MSTA Legal Services Department directly by phone (866-343-6186) or e-mail (legalservices@msta.org). MSTA has three full-time attorneys on staff that work with members. In addition, the Legal Services Depart ent works with network of attorneys around the entire state of issouri to further serve you and r le al ee s. st e calls it a ta l ll li

Contact Info: Phone: 866-343-6186 email: legalservices@msta.org Contact Info: Phone: 866-343-6186 email: legalservices@msta.org

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