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Harassment

ADA and Rehabilitation Act information related to Harassment

Introduction

Harassment is a form of employment discrimination under various federal laws, including the Americans with Disabilities Act (ADA).  Harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.

Harassment becomes unlawful where:

1) Enduring the offensive conduct becomes a condition of continued employment, or

2) The conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.

Petty slights, annoyances, and isolated incidents (unless extremely serious) will not rise to the level of illegality. To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to reasonable people. See the following two JAN Effective Accommodation Practice Series documents for more information. 

JAN Publications & Articles regarding Harassment

Publications

Accommodation and Compliance Series