What is the Difference Between Discrimination and Harassment?

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The main difference between discrimination and harassment lies in the nature of the actions and the protected characteristics involved.

Discrimination occurs when someone is treated differently or unfairly due to their membership in a protected class, such as race, gender, national origin, age, or disability. Discrimination in employment is illegal when the treatment is based on a personal characteristic protected under anti-discrimination laws.

Harassment, on the other hand, involves unwelcome conduct in the workplace based on membership in a protected class. Harassment can take the form of words or actions and must be sufficiently severe or pervasive to create a hostile work environment. It is considered a type of discrimination. One-time comments or actions usually do not qualify as harassment, as the behavior must be frequent and severe enough to cause discomfort.

Both discrimination and harassment are prohibited by various federal and state laws, and they are both considered unlawful in the workplace. However, the specific legal definitions and requirements may vary depending on the jurisdiction and the circumstances of the case.

Comparative Table: Discrimination vs Harassment

The difference between discrimination and harassment can be summarized as follows:

Discrimination Harassment
Occurs when an individual is treated differently or unfairly due to their membership in a protected class (e.g., race, color, national origin, religion, sex, age, marital and parental status, disability, sexual orientation, or genetic information) Involves unwelcome conduct, including offensive comments, slurs, physical threats, or intimidation, that targets an individual

In summary, discrimination is when an individual is treated unfairly based on their membership in a protected class, while harassment is unwelcome conduct that targets an individual, often creating a hostile work environment.