Workplace harassment is a serious issue that is illegal under federal law and applies to employers in Alabama. It involves unwelcome conduct based on a protected characteristic that creates a hostile work environment or is a condition of employment. ### **ALABAMA WORKPLACE HARASSMENT: OVERVIEW & RESOURCES** **I. What Constitutes Illegal Workplace Harassment in Alabama (Federal Law)** Alabama primarily relies on federal laws to prohibit workplace harassment. Harassment becomes illegal when: 1. **It is based on a Protected Characteristic:** The conduct must be because of an individual's: - **Race or Color:** Includes racial slurs, offensive jokes, racially offensive images, or any conduct showing hostility or aversion based on race/color. - **Sex (including sexual orientation, gender identity, and pregnancy):** - **Quid Pro Quo Harassment:** When employment benefits (like promotions or continued employment) are conditioned on submitting to unwelcome sexual advances or conduct. - **Hostile Work Environment:** When unwelcome conduct of a sexual nature is severe or pervasive enough to alter the conditions of employment and create an intimidating, hostile, or offensive working environment. Examples include unwanted touching, crude language, sexual jokes, discussing sexual activities, commenting on physical attributes, or displaying sexually suggestive materials. - **Religion:** Harassment based on religious beliefs or practices. - **National Origin:** Harassment based on a person's country of origin, ethnicity, or accent. - **Age:** Applies to individuals 40 years of age and older. This can include offensive remarks about a person's age. - **Disability:** Harassment based on a physical or mental impairment. - **Genetic Information:** Harassment based on genetic information. 2. **The Conduct is Unwelcome:** The behavior must be offensive and not solicited or invited by the employee. 3. **The Conduct is Severe or Pervasive:** - It must be serious or frequent enough to create an objectively hostile or abusive work environment. - Isolated incidents or minor annoyances generally do not meet this standard, though a single, extremely severe incident could be enough. - The work environment must be one that a "reasonable person" would find hostile or abusive, and the employee must also subjectively perceive it as such. **Important Note:** General mistreatment, rudeness, or bullying that is _not_ linked to a protected characteristic, while unpleasant, may not be legally actionable harassment. **II. How to Report Workplace Harassment in Alabama** There are critical steps you should take if you experience or witness workplace harassment: 1. **Follow Your Company's Policy:** - Most employers have a harassment and discrimination policy in their employee handbook. This policy typically outlines the internal reporting procedures. - Report the harassment to your supervisor, human resources department, or a designated manager as per the policy. - **If your harasser is your supervisor or manager, report to HR or a higher-level manager.** Do not report directly to the harasser if they are the one harassing you. - **Report in writing:** Always put your complaint in writing (email is fine) and keep a copy for your records. Document dates, times, specific incidents, witnesses, and how you were affected. 2. **File a Charge with the U.S. Equal Employment Opportunity Commission (EEOC):** - **This is a critical step.** Before you can file a lawsuit in court for most federal discrimination claims (including harassment under Title VII), you **must** file a "Charge of Discrimination" with the EEOC. - **Deadline:** In Alabama, you generally have **180 days** from the date of the discriminatory act to file a charge with the EEOC. This deadline is strict, so act quickly. - **EEOC Birmingham District Office:** - **Location:** Ridge Park Place, 1130 22nd Street South, Suite 2000, Birmingham, AL 35205 - **Phone:** 205-651-7020 (general), 1-800-669-4000 (toll-free), 1-800-669-6820 (TTY), 1-844-234-5122 (ASL Video Phone) - **Online Portal:** You can schedule an intake interview (phone, video, or in-person) or file a charge through the EEOC Public Portal: [https://publicportal.eeoc.gov/](https://publicportal.eeoc.gov/) or [https://www.eeoc.gov/](https://www.eeoc.gov/) - **Note:** The EEOC also has a Mobile Local Office, accessible via the same toll-free numbers. - **EEOC Process:** The EEOC will investigate your charge, which may involve mediation between you and your employer. If the EEOC doesn't find sufficient evidence or if conciliation fails, they will issue a "Right to Sue" letter, which allows you to proceed with a lawsuit in federal court (usually within 90 days of receiving the letter). **III. Legal Assistance and Advocacy** It is highly recommended to consult with an experienced employment law attorney in Alabama, especially after filing with the EEOC. An attorney can: - Help you understand your rights and the legal process. - Advise you on whether your situation meets the legal definition of harassment. - Assist with filing your EEOC charge correctly. - Represent you during the EEOC investigation and potential mediation. - File a lawsuit on your behalf if necessary. **Finding an Employment Law Attorney in Alabama:** - **Alabama State Bar Lawyer Referral Service:** Contact the Alabama State Bar for referrals to attorneys specializing in employment law. - **Online Legal Directories:** Websites like Avvo, FindLaw, or the Martindale-Hubbell directory allow you to search for employment lawyers in Alabama. - **Law Firms specializing in Employment Law (examples, not endorsements):** - Beckum Law LLC (Birmingham): [https://www.beckumlaw.com/](https://www.beckumlaw.com/) - Kira Fonteneau (Birmingham): [https://www.kirafonteneau.com/](https://www.kirafonteneau.com/) - Allen D. Arnold Attorney at Law (Birmingham): [https://www.allenarnoldlaw.com/](https://www.allenarnoldlaw.com/) - Haynes & Haynes (Mobile): [https://www.haynes-haynes.com/](https://www.haynes-haynes.com/) - Virtus Law Group (Birmingham): [https://vlgal.com/](https://vlgal.com/) **IV. Key Rights and Protections** - **Retaliation is Illegal:** It is unlawful for your employer to retaliate against you for reporting harassment, participating in an investigation, or filing an EEOC charge. Retaliation can include firing, demotion, reduced hours, or other adverse actions. - **"At-Will" Employment Does Not Allow Discrimination:** While Alabama is an "at-will" employment state (meaning an employer can generally fire an employee for any reason not prohibited by law), this does not permit discrimination or harassment based on protected characteristics. - **Documentation is Key:** Keep detailed records of: - The dates, times, and descriptions of each harassing incident. - Names of harassers and any witnesses. - Your reactions and what you said or did in response. - Any complaints you made to management, including dates and who you spoke with. - Copies of relevant emails, texts, photos, or other evidence. If you are experiencing workplace harassment in Alabama, remember that you have rights and resources available to help you address the situation. Acting promptly and documenting everything is essential. In Alabama, workplace harassment is a serious issue, and there are various resources for individuals seeking assistance, reporting incidents, and addressing their concerns. Below are several key resources for individuals experiencing workplace harassment in Alabama: --- ### **1. Alabama Department of Industrial Relations (ADIR)** - **Purpose**: The ADIR enforces state labor laws, including those related to workplace harassment and discrimination. - **Contact**: - **Phone**: **(334) 242-8600** - **Website**: [dir.alabama.gov](https://www.dir.alabama.gov) - **Services**: - Provides information on employment laws in Alabama, including harassment in the workplace. - Assists with filing claims for workplace discrimination or harassment under Alabama state law. --- ### **2. Equal Employment Opportunity Commission (EEOC) - Birmingham Office** - **Purpose**: The EEOC is a federal agency that investigates complaints of workplace discrimination, including harassment based on race, color, sex, religion, national origin, disability, and age. - **Contact**: - **Phone**: **(800) 669-4000** (National) - **Birmingham Office**: **(205) 212-2040** - **Website**: [eeoc.gov](https://www.eeoc.gov) - **Services**: - Investigates workplace harassment and discrimination complaints. - Offers guidance on legal rights and can mediate or file lawsuits if necessary. - Offers a **charge filing service** for individuals who believe they have experienced workplace harassment or discrimination. --- ### **3. Alabama Civil Rights Commission** - **Purpose**: A state agency dedicated to investigating and resolving complaints of discrimination, including workplace harassment based on race, sex, religion, or other protected categories. - **Contact**: - **Phone**: **(800) 452-8022** - **Website**: [alabama.gov](https://www.alabama.gov) - **Services**: - Provides a means for individuals to file complaints of discrimination or harassment. - Works with employers to resolve disputes and ensure compliance with state laws. --- ### **4. National Labor Relations Board (NLRB)** - **Purpose**: The NLRB is a federal agency that addresses workplace issues involving unionized workplaces and violations of employee rights, including harassment. - **Contact**: - **Phone**: **(844) 762-6572** - **Website**: [nlrb.gov](https://www.nlrb.gov) - **Services**: - Investigates complaints about unfair labor practices, including harassment in unionized workplaces. - Provides employees with the opportunity to file complaints against employers for misconduct. --- ### **5. Alabama Employee Assistance Program (EAP)** - **Purpose**: EAPs provide confidential support for employees who are dealing with harassment or discrimination at work. They offer counseling, support, and resources to help individuals navigate workplace harassment. - **Contact**: Contact your employer's human resources department to inquire about EAP services. - **Services**: - Confidential counseling for those facing workplace harassment. - Assistance in managing stress, mental health, and conflict at work. - Referral services to attorneys or external support agencies. --- ### **6. Southern Poverty Law Center (SPLC)** - **Purpose**: The SPLC is a nonprofit organization that provides legal support and advocacy for individuals facing discrimination, harassment, or civil rights violations in the workplace. - **Contact**: - **Phone**: **(334) 956-8200** - **Website**: [splcenter.org](https://www.splcenter.org) - **Services**: - Provides legal assistance for those experiencing harassment, including workplace harassment. - Advocacy for social justice and fair treatment in the workplace. --- ### **7. Workplace Bullying Institute (WBI)** - **Purpose**: WBI offers information, support, and resources for individuals experiencing workplace bullying and harassment. They also advocate for legislative reform to protect employees from harassment and bullying in the workplace. - **Contact**: - **Phone**: **(360) 656-6630** - **Website**: [workplacebullying.org](https://www.workplacebullying.org) - **Services**: - Offers support, resources, and information on addressing workplace bullying. - Provides a **national survey** on workplace bullying and harassment. - Advocates for legislation to protect workers from harassment. --- ### **8. Legal Aid of Alabama** - **Purpose**: A nonprofit organization that offers free or low-cost legal services to eligible individuals, including those facing harassment in the workplace. - **Contact**: - **Phone**: **(800) 819-7633** (Statewide) - **Website**: [alalaw.org](https://www.alalaw.org) - **Services**: - Provides legal advice and assistance with workplace harassment claims. - Helps file complaints with the EEOC and other relevant agencies. --- ### **9. National Women's Law Center (NWLC)** - **Purpose**: The NWLC works to eliminate gender-based workplace harassment and offers support for individuals facing harassment. - **Contact**: - **Phone**: **(202) 588-5180** - **Website**: [nwlc.org](https://www.nwlc.org) - **Services**: - Provides resources for employees facing gender-based harassment in the workplace. - Legal advocacy and support for addressing discrimination or harassment based on gender. --- ### **10. Alabama Lawyers for Workplace Rights** - **Purpose**: Local attorneys in Alabama can offer legal assistance to individuals facing workplace harassment, including advice on filing lawsuits. - **Contact**: - **Phone**: Local legal aid services or private law firms specializing in employment law. - **Services**: - Legal advice and representation in harassment claims. - Help navigating state and federal laws related to workplace harassment. --- ### **How to Report Workplace Harassment** 1. **Document the harassment**: Keep a detailed record of incidents, including dates, times, locations, and the people involved. 2. **Report the harassment**: Notify your employer, HR department, or supervisor. 3. **File a formal complaint**: If the harassment continues, file a complaint with the EEOC, ADIR, or other relevant agency. 4. **Seek legal advice**: If necessary, consult a lawyer to understand your rights and explore further legal action. --- If you'd like more specific help or need assistance with filing complaints, feel free to ask!