Conflict Resolution Strategies for Workplace Harassment

As a mediator and former employment attorney, people often ask me: “What is the most common dispute you see?” The answer is “Harassment”, but what does that mean and what can you do about it?

Understanding Workplace Harassment

Harassment is the most common complaint because it’s easy to understand and it happens a lot. Everyone knows when they feel harassed. Maybe you feel disrespected, bullied, or unfairly treated—there are many ways you can suffer a dignity violation. Often, people believe harassment is illegal because employment discrimination and sexual harassment are prohibited by federal laws, and enforced by the EEOC, as well as local and state laws. These laws protect certain groups, known as "protected classes," meaning it’s unlawful to discriminate against people based on specific identities or statuses. These include race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, disability, age (40+), or genetic information. Understanding all the protections that may apply and what you can do about it can be overwhelming and the EEOC has great resources for understanding your rights.

Proving Harassment Can Be Challenging

One of the first things people misunderstand about illegal discrimination is that you have to prove your employer is discriminating against you because of your protected status. There are also several different types of illegal employment discrimination, with different criteria to prove, for example Hostile Work Environment is different from Quid Pro Quo Sexual Harassment. Regardless of the type, at a minimum, you will need to show:

• You belong to a protected class based on federal, state, or local laws.

• Something bad has happened to you at work, called an “adverse employment action” or a “hostile work environment” existed because of your membership in the protected class. 

• Your employer knew or should have known about what happened. This means the discriminatory effect was from the employer policies or practices, was reported to management, or was caused by managers, supervisors, or even independent contractors.

  
  

Where people get tripped up is that you have to prove your employer is discriminating against you because of your protected status. This can be done by showing that others in your protected class are treated differently and worse than those outside of it. You might also have evidence if discriminatory language targeting your protected class has been used against you.

While it can be tough to prove, it doesn’t mean you aren’t being harassed or discriminated against. Employers often know how to protect themselves from these claims, and individual offenders may act based on unconscious biases, in ways they don't realize are harmful. Unfortunately, both employers and the legal system can sometimes struggle to see discrimination for what it is. Nevertheless, these behaviors harm people, especially when they add to a collection of experiences over a lifetime of discrimination.

This difference in understanding makes it hard to prove because you rely on others' interpretation of the behaviors. Employers may also have policies and procedures which are intentionally or unintentionally discriminatory, but to prove discrimination, you have to show a clear connection based on how the policy affects everyone in your protected class as compared to others. So even when discrimination does exist, there may not be enough evidence to prove it. Meanwhile, employers, as well as the legal system, can sometimes struggle to understand the evidence you do have. In other cases, there simply isn’t any illegal discrimination happening, despite how it may feel to you.

What Can You Do When Facing Harassment in the Workplace?

Not all harmful workplace behavior meets the legal definition of harassment or discrimination, but that doesn’t mean it’s okay or that you’re powerless. Many people feel disrespected, bullied, or mistreated and aren’t sure where to turn. They may worry about retaliation, job security, or the financial burden of hiring a lawyer. Others feel stuck because they don’t meet the legal criteria for a claim, even though the experience is taking a toll. So what can you do?

This is where early resolution strategies can help.

In partnership with The Wolf and The Bee, we offer practical, empowering ways to address workplace conflict whether or not any laws have been violated. Our Workplace Conflict Navigator package helps individuals on either side of a conflict assess their options, minimize risk, and take action on their own terms. The Wolf and The Bee’s Navigating Workplace Harassment User Guide outlines pathways such as speaking directly to the offender, going to your manager or HR, consulting an attorney, filing a report with the EEOC, or using The BeeMail, a powerful tool that invites the other person to reflect and engage in resolution.

At Mutual Ground Strategies, I focus on early conflict resolution through coaching and mediation. Many people want outcomes that legal processes or HR rarely deliver—like an apology, greater understanding, or the ability to stay in their job and repair working relationships. Coaching helps you identify what matters to you, clarify your message, and prepare to act with confidence. If a more structured conversation is needed, mediation creates space for both sides to be heard and work toward resolution, including acknowledging harm and restoring dignity. You’ll stay in control throughout the process, and any outcomes can be documented for your records or shared with your employer if you choose.

You deserve to be heard, and you don’t have to navigate this alone.

Final Thoughts: Empowering Change Through Conflict Resolution

Workplace harassment is a challenging issue, but it doesn’t have to be faced alone or left unresolved. Whether through resources like the Workplace Conflict Navigator, The Wolf and The Bee, coaching, or professional mediation, there are paths to address conflict early, restore dignity, and foster real change. Mediation offers the chance for open dialogue, healing, and solutions that both sides can live with.