Is Harassment a Crime? What Could Get You Fired—or Arrested
Harassment in the workplace is more than just uncomfortable, it can be illegal. But is harassment a crime? And if so, when does it cross the line from something an employer should handle to something that could involve the police or courts?
Understanding where that line is, and how to recognize harassment in the first place, is something every employee should be aware of. Whether you’re concerned about being harassed or worried your behavior might cross the line, this article provides clarification.
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What Is Harassment?
Harassment is unwelcome conduct based on a protected characteristic like race, gender, religion, age, disability, or sexual orientation. It can take many forms:
- Offensive jokes or slurs
- Unwanted touching or sexual advances
- Threats, intimidation, or humiliation
- Repeated unwanted communications
- Sharing offensive images or materials
For behavior to count as illegal harassment under civil laws like Title VII of the Civil Rights Act, it must be severe or pervasive enough to create a hostile or abusive work environment—or result in a negative employment decision (like firing or demotion).
But is harassment a crime? Here’s how and when harassment can be criminal.
When Harassment Becomes a Crime
While not all workplace harassment is criminal, certain behaviors are against the law and can lead to arrest, criminal charges, or even jail time. Below are common forms of workplace harassment that may be criminal:
1. Stalking and Harassment Laws
Most states have criminal harassment laws that prohibit repeated, threatening, or intimidating behavior. If someone at work is:
- Following you
- Repeatedly texting, emailing, or calling you outside of work hours
- Showing up at your home or in public spaces
- Threatening violence
…they may be violating criminal stalking or harassment statutes.
In many states, this type of behavior must cause you to feel fear or emotional distress in order to be criminal.
2. Sexual Harassment and Assault
Sexual harassment isn’t always criminal—but certain types are:
- Sexual assault (any unwanted physical contact of a sexual nature)
- Indecent exposure
- Coercion (e.g., promising promotions in exchange for sex)
If a coworker, supervisor, or even a client engages in this type of behavior, it may be both civilly and criminally actionable.
3. Threats and Physical Violence
If someone threatens to harm you, assaults you, or makes you fear for your safety, this can be considered criminal assault or battery, even if no actual harm occurs.
For example:
- A manager throws a chair in your direction.
- A colleague says they’ll “hurt you if you screw this up.”
- Someone corners you and yells inches from your face.
Even if this behavior isn’t tied to a protected category (like race or gender), it can still be criminal.
4. Hate Crimes
When harassment is motivated by race, religion, national origin, sexual orientation, or other protected traits, and includes threats, physical harm, or destruction of property, it may qualify as a hate crime under federal or state law.
So, is harassment a crime? In these cases, yes.
What If You Are Being Harassed?
If you believe you are being harassed, here are some key steps to protect yourself:
1. Document Everything
Keep a record of every incident. Include:
- Date and time
- What was said or done
- Who was involved or witnessed it
- Any emails, texts, or images
This documentation will be important if you choose to report it internally or pursue legal action.
2. Report It to HR or a Supervisor
Most employers have harassment reporting procedures. Follow your company’s policy and submit a written report. Keep a copy for your records.
If your harasser is your supervisor, report to their manager or directly to Human Resources.
3. Consider Calling Law Enforcement
If you are in immediate danger, call 911. If the harassment includes stalking, threats, or physical abuse, contact the police. The question of’
“is harassment a crime” often depends on severity and the police can help assess if criminal charges apply.
4. File a Complaint with the EEOC or State Agency
You can file a formal complaint with the Equal Employment Opportunity Commission (EEOC) or your state’s employment agency if the harassment is based on a protected trait.
This is often a required step before filing a civil lawsuit for workplace harassment.
What If You Are Accused of Harassment?
Sometimes, people engage in behavior they don’t realize is offensive or threatening. If someone reports you, take it seriously.
1. Stop the Behavior Immediately
Even if you believe you’re being misinterpreted or it was a joke, stop. Intent does not outweigh impact in harassment investigations.
2. Cooperate with Investigations
Your employer has a duty to investigate all complaints. Cooperate professionally and provide your side of the story.
3. Seek Legal Advice
If there’s a risk that the behavior in question could be criminal, consult a lawyer. Being charged with a crime—even a misdemeanor harassment charge—can affect your job, reputation, and future employment.
4. Take Responsibility (If Appropriate)
If you realize your behavior crossed a line, apologize and demonstrate a commitment to change. Many workplaces offer training or mediation to help resolve issues before they escalate.
The Difference Between Civil and Criminal Harassment
The question “is harassment a crime?,” is better understood if you recognize the difference between civil law and criminal law:
| Type | Civil Harassment | Criminal Harassment |
|---|---|---|
| Purpose | Compensate the victim | Punish the offender |
| Handled by | EEOC, HR, civil courts | Police, prosecutors, criminal courts |
| Penalties | Job loss, fines, settlements | Fines, restraining orders, jail time |
| Examples | Repeated inappropriate comments at work | Threatening someone or stalking them |
Both can happen at the same time. For example, a victim can file an EEOC complaint and press criminal charges if the harassment includes physical assault.
Final Thoughts
So, is harassment a crime? Sometimes. Harassment becomes criminal when it involves threats, violence, stalking, or sexual assault. But even when it’s not criminal, it can still violate workplace policies or civil rights laws.
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Disclaimer: This article is intended for informational purposes only. It provides general information and is not intended and should not be construed as professional advice. The author is not your attorney, accountant, financial planner or any other professional and no professional-client relationship is created. We do not represent that the information provided is accurate or up-to-date as laws and regulations are always changing. If you have an issue that requires professional help, you should contact the appropriate professional to help you on your on your specific set of facts. Please read the Terms and Conditions for additional information.
Human resources professionals – check out our HR compliance site New England Human Capital.
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