When we think of harassment in the workplace, verbal abuse or inappropriate comments are typically what come to mind. However, harassment doesn’t always come in the form of words. Nonverbal harassment is a subtle and deeply damaging form of mistreatment in the workplace. It can make a workplace feel unsafe to the victim, while it often goes unnoticed by others.
What is nonverbal harassment, and how can it be effectively addressed? Proving nonverbal harassment at a Florida workplace requires the help of a skilled employment law attorney. Cruz Law Firm, P.A., is here to help you do just that.
What Is Nonverbal Harassment? Recognizing the Silent Workplace Threat
Nonverbal harassment involves conduct that communicates hostility, intimidation, or discrimination without the use of words. This communication can occur through body language, body movements, facial expressions, inappropriate displays, sexual gestures, or exclusionary behavior.
The tricky thing about nonverbal harassment is that it consists mainly of subtle implications that others may not recognize if they’re not the target. Co-workers may overlook someone giving you the “elevator eyes,” staring at you inappropriately, rolling their eyes when you speak, or cutting you out of a group conversation with their body language. It can be far more subtle than demands for sexual favors or suggestive comments. Such behavior can be challenging to document in a manner that would constitute evidence of harassment.
Identifying Nonverbal Harassment & Other Covert Behaviors
Nonverbal harassment takes many forms, some of which may not be immediately obvious to you and those around you. These behaviors can be intentional or unintentional. They can create a toxic and hostile work environment.
Precisely what is nonverbal harassment? Take a look at these examples:
- Nonverbal Sexual Harassment: Prolonged staring, suggestive gestures, unwelcome physical contact, or uninvited sexual advances can all constitute nonverbal sexual harassment, or physical sexual harassment. Other examples include showing sexually suggestive visuals and giving unwanted gifts of a sexual nature.
- Bullying Through Body Language: Glaring to intimidate or belittle, using dismissive hand gestures, eye rolling, aggressive posturing, and invading personal space after being asked to back off are other forms of nonverbal bullying.
- Purposeful Exclusion or Isolation: Intentionally leaving colleagues out of group emails or instant messaging, team lunches, meetings, or collaborative projects can make them feel excluded and alienated, ultimately eroding their sense of belonging.
- Inappropriate Displays: Displaying offensive materials in the workplace, whether they’re sexual, political, or mocking in nature, is a form of silent hostility. Even when not directed at anyone specific, these displays can create an uncomfortable atmosphere.
- Spreading Rumors Nonverbally: Suggestive smirks or glances, gesturing while looking at someone, or suddenly going silent when a person enters the room can all imply judgment or gossip, leaving the targeted employee feeling unwelcome.
The Profound Impact of Unspoken Hostility on Victims
Nonverbal harassment may seem subtle, but that’s one of the primary reasons it can be pervasive in the workplace. Victims may experience the consequences of nonverbal harassment in different ways, including:
- Psychological distress (anxiety, depression, chronic stress)
- Emotional distress (feelings of fear, shame, and isolation)
- Physical symptoms (headaches, insomnia, gastrointestinal issues)
- Decreased job performance
- Career stagnation
- Toxic workplace culture
No one should have to endure the harm that nonverbal harassment in the workplace can cause. An experienced workplace harassment lawyer can help you respond to unlawful behavior, protect your mental health and well-being, and assert your legal rights.
Your Legal Rights Against Nonverbal Harassment in Tallahassee
Both federal and state laws protect employees from all forms of harassment, including nonverbal harassment. Employers are legally obligated to prevent, identify, and correct this behavior by providing training, maintaining clear policies, and taking quick action when complaints arise. When they fail to meet these legal obligations, it’s the victim’s right to hold them accountable.
The most significant laws protecting employees against nonverbal harassment include:
Title VII of the Civil Rights Act of 1964
This law prohibits workplace harassment based on race, religion, color, sex, and sexual orientation. That discrimination includes nonverbal actions that create a hostile work environment. Consequences for violating this law include compensatory and punitive damages, monetary penalties, lawsuits, and loss of government contracts.
The Florida Civil Rights Act
This law offers similar protections to those of Title VII, but at the state level. It prohibits discrimination and harassment in the workplace based on race, sex, national origin, age, disability, or marital status. Victims may pursue claims in state court, which often provides more options for compensation and relief.
What Steps to Take If You Are Experiencing Nonverbal Harassment
If you believe you’re being subjected to behavior that a reasonable person would construe as nonverbal harassment, it’s essential to act swiftly and strategically by doing the following:
- Call a Lawyer: An experienced employment attorney knows the types of evidence needed to prove nonverbal harassment. A knowledgeable lawyer can lead you through the process of seeking accountability. Contact one as soon as possible.
- Document the Behavior: Create a journal noting dates, times, behaviors, potential witnesses, as well as some details on how the behavior affected you. This creates a record, preserves important details, and establishes credibility when pursuing a claim.
- Gather Evidence: Save any communications, photos, and screenshots that may support your claim. If any trusted colleagues have witnessed the behavior, they may also offer their testimony as evidence.
- Report the Behavior: File a complaint with Human Resources according to your employer’s reporting procedures. Keep a record of your report and their response.
How Our Tallahassee Legal Team Fights for Victims of Workplace Harassment
At Cruz Law Firm, P.A., we’re dedicated to protecting the rights of Florida employees facing unjust treatment, misconduct, and discriminatory practices in the workplace. We offer compassionate support and tenacious advocacy to those seeking accountability for nonverbal harassment.
The team at Cruz Law Firm has almost two decades of combined legal experience. Our attorneys have extensive knowledge of Florida employment law and the courts that hear harassment cases. We use this knowledge to our advantage and have recovered more than $15 million in settlements and verdicts for our clients, including a $900,000 settlement for sexual harassment (although each case is unique and past results cannot guarantee future outcomes).
While the numbers speak for themselves, we believe the kind words of our satisfied clients are what speak the loudest:
Mrs. Cruz helped me with a pregnancy discrimination case with my now ex-employer. She is very fast and prompt in getting back to you about any questions you have and literally takes care of everything in a timely fashion. Definitely would recommend her to anyone who needs an attorney – K
Contact an Employment Lawyer Today
If you believe you’re the victim of nonverbal harassment in the workplace, Cruz Law Firm, P.A., can help. We’ll work with you to gather the evidence you need to prove your claim and then fight for the justice and fair compensation you need. Contact us today for your consultation.