Harassment Cease and Desist Letter

What is a harassment cease and desist letter?

A harassment cease and desist letter is a letter used by someone who is being harassed by a coworker, neighbor, or other individual or business. The cease and desist letter acts a formal request that the recipient stop ("cease") and not continue ("desist") the harassing behavior. If the recipient of the letter fails to comply with these demands, the sender may then take further legal action to stop the behavior that is harming or interfering with their life. This letter acts as a first warning and puts the recipient on notice. For harassment happening in the workplace, while a harassment cease and desist letter is an option for once harassment has begun, having a workplace Policy Prohibiting Discrimination, Harassment, and Retaliation can nip harassment in the bud before it even begins.

What are the different types of cease and desist letters?

People use cease and desist letters to request that someone stop many types of behavior. An intellectual property cease and desist letter is used to demand that someone stop intellectual property infringement. A debt collection cease and desist letter is used to demand that creditors and debt collectors stop aggressive communications in an attempt to collect a debt. This harassment cease and desist letter is used specifically to request that the recipient stop their harassment of the sender.

What is the difference between a harassment cease and desist letter and a general purpose cease and desist letter?

Though both of these documents are used to request that someone stop a behavior, they are used in different situations. The harassment cease and desist letter is used specifically to ask that the recipient stop harassing the sender. The general purpose cease and desist letter has a broader use and can be used to request that someone stop any behavior, such as walking across the sender's lawn or parking too close to the sender's car.

What is "harassment"?

Harassment is any behavior that disturbs or upsets a person. This could be physical harassment, such as assaulting someone, psychological harassment, such as sending someone threatening or hateful letters, or sexual harassment, such as making unwanted sexual advances towards a person.

What must a harassment cease and desist letter contain?

A valid harassment cease and desist letter must contain at least the following mandatory clauses:

• Identifying information: The harassment cease and desist letter should include information describing the sender of the letter and the recipient of the letter, including their names and addresses.
• Description of harassment: The harassment cease and desist letter outlines in a detailed manner the harassment that has occurred and the date on which it started.
• Description of harm: The harassment cease and desist letter describes the specific harm that the sender of the letter has suffered as a result of the harassment, such as loss of business, psychological distress, or harm to their character.
  
  

What should be done once the harassment cease and desist letter is written?

Once the letter has been written, it should be printed out and signed by the sender. The sender should also attach any proof of the harassment, such as photographs, letters, or emails. The sender should mail the letter and any supporting documentation to the recipient via certified mail so that they have a record of when the letter was sent and when it was received.

Which laws are applicable to harassment cease and desist letters?

Both federal and specific state laws prohibit harassment in many situations. Title VII of the Civil Rights Act of 1964 outlaws workplace harassment or discrimination based on protected characteristics including race, sex, color, religion, or national origin. The Fair Housing Act prohibits harassment or discrimination in housing on the basis of those same protected characteristics. The Americans with Disabilities Act prohibits harassment or discrimination in employment and public accommodations on the basis of someone's disability status. Title IX of the Education Amendments of 1972 prohibits harassment or discrimination on the basis of sex in educational programs. States also have their individual anti-harassment and stalking laws.

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