When management appears to favor a coworker who harasses you, you may feel that you have no recourse. However, you still have ways to report the conduct. Understanding the Kansas City employment laws that can apply can help you decide how to move forward with a complaint.
Conduct that defines unlawful harassment
The popularity or seniority of the accused employee does not determine whether unlawful harassment occurred. That question depends on the conduct itself.
The behavior must be unwelcome and relate to a protected characteristic, such as race, sex, religion, national origin, age or disability. It must also be severe or pervasive enough to change your working conditions or result in a job-related consequence. Ordinary personality conflicts and general rudeness are not unlawful unless the harasser connects them to a protected trait.
Documentation that establishes employer notice
A written complaint creates a dated record that can show when you reported the harassment. It also preserves important details, including:
- The date and location of each incident
- A description of what happened and any related messages or emails
- The names of witnesses who saw or heard the behavior
- Any later changes to your assignments, hours or treatment
After learning of the harassment, your employer must respond promptly and take appropriate corrective action when needed. A delayed or inadequate response might suggest that favoritism influenced how the matter was handled.
Employer actions that may qualify as retaliation
When you report conduct you reasonably believe is discriminatory or help with an investigation, the law can protect you from retaliation.
If your employer cuts your hours, disciplines you without cause, demotes you or fires you because of the complaint, you may have a separate retaliation claim. Continued friendliness toward the accused employee may feel unfair, but it does not count as retaliation unless your employer takes action that could discourage a reasonable person from reporting discrimination.
Deadlines that apply to outside complaints
If your employer dismisses your report or fails to stop the harassment, you may file with the Missouri Commission on Human Rights, the Kansas Human Rights Commission or the U.S. Equal Employment Opportunity Commission (EEOC). Missouri generally requires you to file within 180 days, while Kansas allows six months.
The federal deadline may extend to 300 days when state law covers the same conduct. A state complaint can also be dual-filed with the EEOC, so you usually do not need to submit the same claim to both agencies. An attorney can help prepare the necessary documents and advise you on the next step.
