Harassment covers a wide range of
behaviors of
offensive nature. It is commonly understood as behavior that demeans, humiliates or embarrasses a person, and it is characteristically identified by its unlikelihood in terms of social and moral reasonableness. In the legal sense, these are behaviors that appear to be disturbing, upsetting or threatening. Traditional forms evolve from
discriminatory grounds, and have an effect of nullifying a person's rights or impairing a person from benefiting from their rights. When these behaviors become repetitive, it is defined as
bullying. The continuity or repetitiveness and the aspect of distressing, alarming or threatening may distinguish it from
insult.
Etymology
![Schnorr von Carolsfeld Bibel in Bildern 1860 104](https://upload.wikimedia.org/wikipedia/commons/b/b5/Schnorr_von_Carolsfeld_Bibel_in_Bildern_1860_104.png)
Attested in English from 1753, ''harassment'' derives from the English verb ''harass'' plus the suffix ''-ment''. The verb ''harass'', in turn, is a
loan word
A loanword (also loan word or loan-word) is a word at least partly assimilated from one language (the donor language) into another language. This is in contrast to cognates, which are words in two or more languages that are similar because the ...
from the French, which was already attested in 1572 meaning ''torment, annoyance, bother, trouble'' and later as of 1609 was also referred to ''the condition of being exhausted, overtired''. Of the French verb ''harasser'' itself there are the first records in a Latin to French translation of 1527 of
Thucydides
Thucydides (; grc, , }; BC) was an Athenian historian and general. His '' History of the Peloponnesian War'' recounts the fifth-century BC war between Sparta and Athens until the year 411 BC. Thucydides has been dubbed the father of " scienti ...
’
History of the war that was between the
Peloponnesia
The Peloponnese (), Peloponnesus (; el, Πελοπόννησος, Pelopónnēsos,(), or Morea is a peninsula and geographic region in southern Greece. It is connected to the central part of the country by the Isthmus of Corinth land bridge which ...
ns and the
Athenians both in the countries of the Greeks and the Romans and the neighboring places wherein the translator writes ''harasser'' allegedly meaning ''harceler'' (to exhaust the enemy by repeated raids); and in the military chant Chanson du
franc archer of 1562, where the term is referred to a gaunt
jument (''de poil fauveau, tant maigre et harassée'': of fawn horsehair, so meagre and …) where it is supposed that the verb is used meaning ''overtired''.
A hypothesis about the origin of the verb ''harasser'' is ''harace''/''harache'', which was used in the 14th century in expressions like ''courre à la harache'' (to pursue) and ''prendre aucun par la harache'' (to take somebody under constraint). The
Französisches Etymologisches Wörterbuch, a German etymological dictionary of the French language (1922–2002) compares phonetically and syntactically both ''harace'' and ''harache'' to the interjection ''hare'' and ''haro'' by alleging a pejorative and augmentative form. The latter was an exclamation indicating distress and emergency (recorded since 1180) but is also reported later in 1529 in the expression ''crier haro sur'' (to arise indignation over somebody). ''hare''s use is already reported in 1204 as an order to finish public activities as fairs or markets and later (1377) still as command but referred to dogs. This dictionary suggests a relation of ''haro''/''hare'' with the old lower Franconian ''*hara'' (here) (as by bringing a dog to heel).
While the pejorative of an exclamation and in particular of such an exclamation is theoretically possible for the first word (''harace'') and maybe phonetically plausible for ''harache'', a semantic, syntactic and phonetic similarity of the verb ''harasser'' as used in the first popular attestation (the chant mentioned above) with the word ''haras'' should be kept in mind: Already in 1160 ''haras'' indicated a group of horses constrained together for the purpose of reproduction and in 1280 it also indicated the enclosure facility itself, where those horses are constrained. The origin itself of ''harass'' is thought to be the old Scandinavian ''hârr'' with the Romanic suffix –as, which meant ''grey or dimmish horsehair''. Controversial is the etymological relation to the Arabic word for ''horse'' whose roman
transliteration
Transliteration is a type of conversion of a text from one script to another that involves swapping letters (thus ''trans-'' + '' liter-'') in predictable ways, such as Greek → , Cyrillic → , Greek → the digraph , Armenian → or L ...
is
faras
Faras (formerly grc, Παχώρας, ''Pakhôras''; la, Pachoras; Old Nubian: Ⲡⲁⲭⲱⲣⲁⲥ, ''Pakhoras'') was a major city in Lower Nubia. The site of the city, on the border between modern Egypt and Sudan at Wadi Halfa Salient, was fl ...
.
Although the French origin of the word 'harassment' is beyond all question in the
Oxford English Dictionary
The ''Oxford English Dictionary'' (''OED'') is the first and foundational historical dictionary of the English language, published by Oxford University Press (OUP). It traces the historical development of the English language, providing a co ...
and those dictionaries basing on it, a supposed Old French verb ''harer'' should be the origin of the French verb ''harasser'', despite the fact that this verb cannot be found in French etymologic dictionaries like that of the
Centre national de resources textuelles et lexicales or the
Trésor de la langue française informatisé Trésor may refer to
People
*Marius Trésor (born 1950), French footballer
*Trésor Kandol (born 1981) Congolese footballer
* Tresor Kangambu (born 1987), Qatari footballer
*Trésor Mputu (born 1985), Congolese footballer
*Tresor (singer) (born 1 ...
(see also their corresponding websites as indicated in the interlinks); since the entry further alleges a derivation from ''hare'', like in the mentioned German etymological dictionary of the French language a possible misprint of ''harer'' = ''har/ass/er'' = ''harasser'' is plausible or cannot be excluded. In those dictionaries the relationship with ''harassment'' were an interpretation of the interjection ''hare'' as ''to urge a dog to attack', despite the fact that it should indicate a shout to come and not to go (''hare'' = ''hara'' = ''here''; cf. above). The
American Heritage Dictionary
American(s) may refer to:
* American, something of, from, or related to the United States of America, commonly known as the "United States" or "America"
** Americans, citizens and nationals of the United States of America
** American ancestry, p ...
prudently indicates this origin only as possible.
Types
Electronic
Electronic harassment is the unproven belief of the use of
electromagnetic wave
In physics, electromagnetic radiation (EMR) consists of waves of the electromagnetic (EM) field, which propagate through space and carry momentum and electromagnetic radiant energy. It includes radio waves, microwaves, infrared, (visib ...
s to harass a victim. Psychologists have identified evidence of
auditory hallucination
An auditory hallucination, or paracusia, is a form of hallucination that involves perceiving sounds without auditory stimulus. While experiencing an auditory hallucination, the affected person would hear a sound or sounds which did not come from ...
s,
delusional disorder
Delusional disorder is a mental illness in which a person has delusions, but with no accompanying prominent hallucinations, thought disorder, mood disorder, or significant flattening of affect.American Psychiatric Association. (2013). ''Diagnostic ...
s,
or other
mental disorder
A mental disorder, also referred to as a mental illness or psychiatric disorder, is a behavioral or mental pattern that causes significant distress or impairment of personal functioning. Such features may be persistent, relapsing and remitt ...
s in online communities supporting those who claim to be targeted.
Landlord
Landlord harassment is the willing creation, by a
landlord
A landlord is the owner of a house, apartment, condominium, land, or real estate which is rented or leased to an individual or business, who is called a tenant (also a ''lessee'' or ''renter''). When a juristic person is in this position, t ...
or his agents, of conditions that are uncomfortable for one or more
tenants
A leasehold estate is an ownership of a temporary right to hold land or property in which a lessee or a tenant holds rights of real property by some form of title from a lessor or landlord. Although a tenant does hold rights to real property, a ...
in order to induce willing abandonment of a
rental contract. Such a strategy is often sought because it avoids costly legal
expenses
An expense is an item requiring an outflow of money, or any form of fortune in general, to another person or group as payment for an item, service, or other category of costs. For a tenant, rent is an expense. For students or parents, tuition is a ...
and potential problems with
eviction
Eviction is the removal of a tenant from rental property by the landlord. In some jurisdictions it may also involve the removal of persons from premises that were foreclosed by a mortgagee (often, the prior owners who defaulted on a mortgag ...
. This kind of activity is common in regions where
rent control
Rent regulation is a system of laws, administered by a court or a public authority, which aims to ensure the affordability of housing and tenancies on the rental market for dwellings. Generally, a system of rent regulation involves:
* Price con ...
laws exist, but which do not allow the direct extension of rent-controlled prices from one tenancy to the subsequent tenancy, thus allowing landlords to set higher prices. Landlord harassment carries specific legal penalties in some
jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels.
J ...
s, but enforcement can be very difficult or even impossible in many circumstances. However, when a
crime
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Ca ...
is committed in the process and motives similar to those described above are subsequently proven in court, then those motives may be considered an
aggravating factor
Aggravation, in law, is "any circumstance attending the commission of a crime or tort which increases its guilt or enormity or adds to its injurious consequences, but which is above and beyond the essential constituents of the crime or tort itself. ...
in many jurisdictions, thus subjecting the offender(s) to a stiffer
sentence.
Online
![Youth and Electronic aggression](https://upload.wikimedia.org/wikipedia/commons/b/b6/Youth_and_Electronic_aggression.gif)
Harassment directs multiple repeating obscenities and derogatory comments at specific individuals focusing, for example, on the targets' race, religion, gender, nationality, disability, or sexual orientation. This often occurs in chat rooms, through newsgroups, and by sending hate e-mail to interested parties. This may also include stealing photos of the victim and their families, doctoring these photos in offensive ways, and then posting them on social media with the aim of causing emotional distress (see
cyberbullying
Cyberbullying or cyberharassment is a form of bullying or harassment using electronic means. Cyberbullying and cyberharassment are also known as online bullying. It has become increasingly common, especially among teenagers, as the digital ...
,
cyberstalking
Cyberstalking is the use of the Internet or other electronic means to stalk or harass an individual, group, or organization. It may include false accusations, defamation, slander and libel. It may also include monitoring, identity theft, thre ...
,
hate crime,
online predator
Online predators are individuals who commit child sexual abuse that begins or takes place on the Internet.
Conceptions
Internet-facilitated crimes against minors involve deceit and begin with adults communicating with children over the Internet ...
,
Online Gender-Based Violence, and
stalking
Stalking is unwanted and/or repeated surveillance by an individual or group toward another person. Stalking behaviors are interrelated to harassment and intimidation and may include following the victim in person or monitoring them. The term ...
).
Police
Unfair treatment conducted by law officials, including but not limited to
excessive force
Excessive Force is a musical side project started in 1991 by Sascha Konietzko of KMFDM and Buzz McCoy of My Life with the Thrill Kill Kult.
History
In 1991, Excessive Force released the single "Conquer Your House", followed by the album ''Co ...
,
profiling,
threats
A threat is a communication of intent to inflict harm or loss on another person. Intimidation is a tactic used between conflicting parties to make the other timid or psychologically insecure for coercion or control. The act of intimidation for co ...
,
coercion, and racial, ethnic, religious, gender/sexual, age, or other forms of
discrimination.
Power
Power harassment is harassment or unwelcome attention of a political nature, often occurring in the environment of a workplace including hospitals, schools and universities. It includes a range of behavior from mild irritation and annoyances to serious
abuses which can even involve forced activity beyond the boundaries of the job description. Power harassment is considered a form of illegal
discrimination and is a form of political and
psychological abuse, and
bullying.
Psychological
This is humiliating, intimidating or abusive behavior which is often difficult to detect, leaving no evidence other than victim reports or complaints. This characteristically lowers a person's self-esteem or causes one to have overwhelming torment. This can take the form of verbal comments, engineered episodes of intimidation, aggressive actions or repeated gestures. Falling into this category is workplace harassment by individuals or groups
mobbing
Mobbing, as a sociological term, means bullying of an individual by a group, in any context, such as a family, peer group, school, workplace, neighborhood, community, or online. When it occurs as physical and emotional abuse in the workplace, suc ...
.
Community-based psychological harassment, meanwhile, is stalking by a group against an individual using repeated distractions that the individual is sensitized to. Media reports of large numbers of coordinated groups
stalking
Stalking is unwanted and/or repeated surveillance by an individual or group toward another person. Stalking behaviors are interrelated to harassment and intimidation and may include following the victim in person or monitoring them. The term ...
individual stalking victims, including a press interview given by an active duty police lieutenant, have described this community-based harassment as gang stalking.
Racial
The targeting of an individual because of their race or ethnicity. The harassment may include words, deeds, and actions that are specifically designed to make the target feel degraded due to their race or ethnicity.
Religious
![Egged-says-no-to-harassment of passengers-on-religious-grounds](https://upload.wikimedia.org/wikipedia/commons/d/d3/Egged-says-no-to-harassment_of_passengers-on-religious-grounds.jpg)
Verbal, psychological or physical harassment is used against targets because they choose to practice a specific religion. Religious harassment can also include forced and involuntary conversions.
Sexual
Sexual harassment is an offensive or humiliating behavior that is related to a person's sex. It can be a subtle or overt sexual nature of a person (sexual annoyance, e.g. flirting, expression of sexuality, etc.) that results in wrong communication or miscommunication, implied sexual conditions of a job (sexual coercion, etc.). It includes unwanted and unwelcome words, facial expressions, sexual attention, deeds, actions, symbols, or behaviors of a sexual nature that make the target feel uncomfortable. This can involve visual or suggestive looks or comments, staring at a person's body, or the showing of inappropriate photos.
It can happen anywhere, but is most common in the
workplace
A workplace is a location where someone works, for their employer or themselves, a place of employment. Such a place can range from a home office to a large office building or factory. For industrialized societies, the workplace is one of th ...
,
schools
A school is an educational institution designed to provide learning spaces and learning environments for the teaching of students under the direction of teachers. Most countries have systems of formal education, which is sometimes compulsor ...
, and the
military
A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distinct ...
. Even if certain civility codes were relevant in the past, the changing cultural norms calls for policies to avoid intentional fallacies between sexes and among same sexes. Women are substantially more likely to be affected than men.
[Maeve Duggan. PEW Research Center. 2014. "Online Harassment". "http://www.pewinternet.org/2014/10/22/online-harassment/".] The main focus of groups working against sexual harassment has been the protection of women, but in recent years awareness has grown of the need to protect LGBTQ (for right of gender expression), transgender women and men.
Workplace
Workplace harassment is the offensive, belittling or threatening behavior directed at an individual worker or a group of workers.
Workplace harassment can be verbal, physical, sexual, racial, or bullying.
Recently, matters of
workplace
A workplace is a location where someone works, for their employer or themselves, a place of employment. Such a place can range from a home office to a large office building or factory. For industrialized societies, the workplace is one of th ...
harassment have gained interest among practitioners and researchers as it is becoming one of the most sensitive areas of effective workplace management. In some East Asian countries, it has attracted substantial attention from researchers and governments since the 1980s, because aggressive behaviors have become a significant source of work stress, as reported by employees. Under
occupational health and safety
Occupational safety and health (OSH), also commonly referred to as occupational health and safety (OHS), occupational health, or occupational safety, is a multidisciplinary field concerned with the safety, health, and welfare of people at wor ...
laws around the world, workplace harassment and
workplace bullying
Workplace bullying is a persistent pattern of mistreatment from others in the workplace that causes either physical or emotional harm.
It can include such tactics as verbal, nonverbal, psychological, and physical abuse, as well as humiliation. ...
are identified as being core psychosocial hazards.
Laws
United States
Harassment, under the laws of the United States, is defined as any repeated or continuing uninvited contact that serves no useful purpose beyond creating alarm, annoyance, or emotional distress. In 1964, the United States Congress passed Title VII of the
Civil Rights Act which prohibited discrimination at work on the basis of race, color, religion, national origin and sex. This later became the legal basis for early harassment law. The practice of developing workplace guidelines prohibiting harassment was pioneered in 1969, when the U.S. Department of Defense drafted a Human Goals Charter, establishing a policy of equal respect for both sexes. In ''
Meritor Savings Bank v. Vinson,'' : the U.S. Supreme Court recognized harassment suits against employers for promoting a sexually
hostile work environment. In 2006, President
George W. Bush
George Walker Bush (born July 6, 1946) is an American politician who served as the 43rd president of the United States from 2001 to 2009. A member of the Republican Party, Bush family, and son of the 41st president George H. W. Bush, he ...
signed a law which prohibited the transmission of annoying messages over the
Internet
The Internet (or internet) is the global system of interconnected computer networks that uses the Internet protocol suite (TCP/IP) to communicate between networks and devices. It is a '' network of networks'' that consists of private, pub ...
(''aka''
spamming
Spamming is the use of messaging systems to send multiple unsolicited messages (spam) to large numbers of recipients for the purpose of commercial advertising, for the purpose of non-commercial proselytizing, for any prohibited purpose (especia ...
) without disclosing the sender's true identity. An important standard in U.S. federal harassment law is that to be unlawful, the offending behavior either must be "severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive," or that enduring the offensive conduct becomes a condition of continued employment; e.g. if the employee is fired or threatened with firing upon reporting the conduct.
New Jersey's Law Against Discrimination ("LAD")
The LAD prohibits employers from discriminating in any job-related action, including recruitment, interviewing, hiring, promotions, discharge, compensation and the terms, conditions and privileges of employment on the basis of any of the law's specified protected categories. These protected categories are race, creed, color, national origin, nationality, ancestry, age, sex (including pregnancy and sexual harassment), marital status, domestic partnership status, affectional or sexual orientation, atypical hereditary cellular or blood trait, genetic information, liability for military service, or mental or physical disability, including
HIV/AIDS
Human immunodeficiency virus infection and acquired immunodeficiency syndrome (HIV/AIDS) is a spectrum of conditions caused by infection with the human immunodeficiency virus (HIV), a retrovirus. Following initial infection an individual ...
and related illnesses. The LAD prohibits intentional discrimination based on any of these characteristics. Intentional discrimination may take the form of differential treatment or statements and conduct that reflect discriminatory animus or bias.
Canada
In 1984, the
Canadian Human Rights Act
The ''Canadian Human Rights Act'' (french: Loi canadienne sur les droits de la personne) is a statute passed by the Parliament of Canada in 1977 with the express goal of extending the law to ensure equal opportunity to individuals who may be vi ...
prohibited sexual harassment in workplaces under federal jurisdiction.
United Kingdom
In the UK, there are a number of laws protecting people from harassment, including the
Protection from Harassment Act 1997
The Protection from Harassment Act 1997 (c 40) is an Act of the Parliament of the United Kingdom. On introducing the Bill's second reading in the House of Lords, the Lord Chancellor, Lord Mackay of Clashfern, said, "The aim of this Bill is to ...
and the
Criminal Justice and Public Order Act 1994
The Criminal Justice and Public Order Act 1994 (c.33) is an Act of the Parliament of the United Kingdom. It introduced a number of changes to the law, most notably in the restriction and reduction of existing rights, clamping down on unlicensed r ...
.
See also
References
External links
*
{{Authority control
Bullying
Abuse