What Is Considered Verbal Harassment?
Verbal harassment is defined as "to act or speak to one in an angry, loud, threatening or reproaching manner; to criticize or blame one in an abusive manner." This can mean an exchange of insults, or any scenario where someone insults the person being harassed. To clarify, if you are having an argument, and this is not the normal flow of communication, you can be sure you are being verbally harassed . As far as applications in the legal realm, verbal harassment can describe a hostile workplace, exempting animated exchanges between executives and professionals in high-pressure situations. Or it can mean something as simple as yelling at someone on a street corner while they walk by. In any case, all of these scenarios can lead to claims of verbal harassment. For example, if you are in a business meeting, and a supervisor makes one verbal threat to you, that is considered verbal harassment. Also, threats made about another person are considered verbal harassment.
The Law Regarding Verbal Harassment
The legal framework for verbal harassment consists of federal, state, and even local laws that protect individuals from various forms of harassment in the workplace, housing, and beyond. Although these laws may not specifically use the term "verbal harassment," they are designed to cover various forms of verbal harassment and other forms of harassment and discrimination.
One of the most significant federal laws addressing verbal harassment in the workplace is Title VII of the Civil Rights Act of 1964 (Title VII). Sex-based verbal harassment such as sexual harassment, including sexual abuse and sexual coercion, is covered under Title VII. State laws also provide a variety of protections against sexual harassment in the workplace. For example, California’s Fair Employment and Housing Act (FEHA) is broader than Title VII in that it applies to all forms of sexual harassment in employment settings and not just quid pro quo or hostile work environment sexual harassment. New York State’s and New York City’s human rights laws include similar broad protections.
In addition to Title VII, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Fair Housing Act (FHA), and various other federal, state, and local laws protect individuals from other forms of verbal harassment, including harassment based on age, disability, race, ethnicity, and sexual orientation.
In housing situations, the FHA is the main federal law that covers verbal harassment and the federal law most frequently cited in verbal harassment cases. Again, state and local laws may be broader. In New York City, verbal harassment of a potential buyer or renter of housing or an existing tenant is covered by the New York City Human Rights Law (NYCHRL). As noted above, the NYCHRL’s broad coverage means that even verbal harassment that does not rise to the level of a "hostile living environment" may violate the NYCHRL.
Verbal harassment of an individual can also be a hate crime in many situations. Where it constitutes a hate crime, verbal harassment certainly evokes a more serious reaction from law enforcement. Interaction between existing legal protections against verbal harassment and legal protections against hate crimes may vary from location to location. For instance, in New York State, under New York’s hate crime statute, an individual can be prosecuted for a hate crime if the individual commits a crime and demonstrates by actions or otherwise that the crime was motivated in whole or in substantial part by a bias against the victim because of his or her race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation.
Legal Repercussions for Verbal Harassment
The legal ramifications for verbal harassment can vary depending on the severity and context of the harassment. For example, criminal charges may be brought in cases where verbal harassment is accompanied by physical threats or when it constitutes hate speech. In such instances, offenders may face jail time, hefty fines, or both if found guilty in a court of law.
Title VII of the Civil Rights Act of 1964 prohibits sexual harassment in the workplace, which includes both physical and verbal harassment. While not all instances of verbal harassment are covered under this act, it does make sexual harassment in the workplace a federal offense punishable by law. For these types of cases, if a victim of verbal sexual harassment files a complaint with the Equal Employment Opportunity Commission (EEOC) and the case is found to have merit, the harasser’s employer can be liable for damages. Typical damages awarded in sexual harassment cases include payment for suffering, lost wages, or punitive damages meant to punish the offender. The amount of the payment assessed generally has no upper limit, but is intended to be enough to compensate the victim, while also leaving the employer in a position to remain in business.
How to Prove Verbal Harassment
To prove verbal harassment, a complainant must assemble evidence and information that sets the alleged verbal harassment in context. This means gathering any physical evidence such as recordings or written material that is sent to the victim, and testimony that can be given under oath describing the specific verbal or physical harassment being alleged.
A complainant will almost always need the testimony of witness or witnesses to corroborate the complaining parties experience. This may involve asking co-workers, supervisors, HR, security or others who may have knowledge of the harassment to voluntarily provide a statement or testimony under oath at a deposition or a trial. All of this testimony serves the purpose of establishing the account of the complainant as credible and corroborating the account of the specific verbal harassment that was claimed. In certain cases, the testimony of the actual perpetrator may be needed, as there is no other way to establish what was said and done . While a complainant may be able to provide testimony about the perpetrator’s actions, they will also need to establish the motive behind those actions. This is typically shown through a witness to the harassment or co-workers who have observed unequal treatment towards the complainant and a comparator who has not been the target of the harassment. Perhaps the perpetrator was not verbally harassing coworkers with the same job position and pay. Maybe they made comments about gender, ethnicity or religion that were limited to comments towards the complainant.
All of this testimony must be established under oath and in some cases, in front of a judge and jury. The burden of proof is on the complainant to prove their case by "a preponderance of the evidence." If enough evidence is presented for a judge or jury to find that the verbal harassment did occur, a judgement can be made that results in certain remedies for the complainant.
What to Do If a Verbal Harasser Targets You
If you are a victim of verbal harassment, there are several steps you should take. First of all, it is crucial that you document the harassment as best you can. Start a journal or note each instance of harassment including the date and time of day. Try your best to keep the log in chronological order. In addition, make copies of any notes or correspondence the other party sends you. Once you sign off on a copy of a note that is handed to you, it can be very difficult to prove that the person did not actually write it. Lastly, remember that you can always record a conversation with someone if you have reason to believe that it might be necessary to defend yourself later.
Next, whether your harasser is a spouse, a parent, a co-worker, a neighbor, or an acquaintance from school, consider your other options. Is there someone at work you can report to? A supervisor or an HR department? What about a school guidance counselor? Either way, do not confront the person who is abusing you. Responding verbally or physically will only escalate the situation and worsen the matter and open you up to liability.
If your harasser is a spouse or a family member, you also should not hesitate to call the police, especially if they have been physically violent with you. Document details such as the location, the date and time, and the names of any witnesses. Keep in mind that many states allow for legal action when domestic violence is involved. Victims can seek relief from the court, without even needing to press criminal charges themselves.
The best thing you can do if you’ve been a victim of verbal harassment is to consult with legal counsel. A domestic abuse attorney can talk to you about your options, help you understand the law, and ensure that you have enough evidence to back up your claims. Verbal harassment is harassment no matter where it happens or by what means. Verbal harassment does not have a "legal" definition. In legal terms, it can be any repeated acts of spoken aggression or disrespect. Verbal abuse can happen online, over the phone, face-to-face, or in any other "real-life" or digital communications. It can be threatening behavior, bullying, constant insults, manipulation, or any combination thereof. There are laws on the books protecting people from verbal abuse. If the verbal or cyber abuse crosses the line into harassment, you can have a case.
Prevention and Helpful Resources
Preventing verbal harassment begins with education. Understanding what constitutes harassment is the first step in preventing it. Clearly define what actions or language may qualify as harassment in your workplace or organization’s practices and procedures. Create open lines of communication for employees to report instances of verbal harassment. Provide regular training for all employees on a company’s harassment policy. Additionally, there are support groups and resources available to help victims cope with their experiences and seek justice. The National Domestic Violence Hotline , for example, offers 24/7 advice and support for victims and shelters that offer free or low-cost services. For those who have experienced verbal harassment in the workplace, the Equal Employment Opportunity Commission (EEOC) can be a valuable resource. The agency investigates complaints of workplace harassment and discrimination. Legal aid societies, like the National Council of Juvenile and Family Court Judges, provide a wealth of information and resources that can help victims of harassment navigate the legal system.