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Are microaggressions legally considered workplace harassment?

On Behalf of | Oct 25, 2024 | Workplace Harassment

Workplace harassment can happen in many ways, and microaggressions are part of this discussion. Microaggressions are small comments or actions that put others down or show bias, often based on race, gender, or other traits. This blog looks at whether microaggressions are legally considered workplace harassment.

What are microaggressions?

Microaggressions are small insults, slights, or comments that show bias or prejudice. They often seem unintentional, but they can still hurt people. For example, asking someone, “Where are you really from?” can make them feel like they don’t belong. Even though these comments might not seem aggressive, they can make the workplace feel hostile over time.

Legal criteria for workplace harassment

To be considered workplace harassment under the law, the behavior must be severe or happen often enough to create a hostile or abusive work environment. This means that one-off comments or minor remarks may not meet the legal definition. However, if microaggressions happen repeatedly, they can add up to harassment. The context and how often they happen are important in deciding if they are illegal.

Can microaggressions lead to a harassment claim?

Microaggressions alone might not necessarily lead to a successful harassment claim. But if microaggressions happen along with other forms of discrimination, they can make a case stronger. Employers should take microaggressions seriously to keep them from becoming a bigger problem. Employees who face microaggressions should keep records of what happens and report them to HR to make sure action is taken.

How to address microaggressions at work

Addressing microaggressions means being aware, getting training, and having open communication. Employers should train employees to recognize and avoid microaggressions. By creating a respectful culture, workplaces can reduce these harmful actions. Employees also have a role in pointing out microaggressions and pushing for respect in the workplace.

Building a respectful and inclusive workplace takes effort from everyone. By addressing microaggressions early, both employers and employees can help create a positive and supportive work environment.

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