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IT’S AGAINST THE LAW!!
No one has to put up with sexual harassment in the workplace. It’s against the law. Unfortunately too many employees suffer the indignity and hurt of sexual harassment. Statistically approximately five percent of victims ever make a formal complaint. This means a whopping ninety-five (95%) of sexual harassment complaints are never reported.
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 | In a substantial number of cases, it has been the employee’s immediate supervisor that was the perpetrator of the sexual harassment. Under such circumstances both the employer and the offending supervisor can be held liable for any hurt or damage caused by the sexual harassment. |
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Sexual harassment can take two forms. The first is when you have been subjected to a working environment created by the action of your supervisor or fellow employees to such an extent that an abusive or hostile working environment occurs. This can be in the form of crude or vulgar jokes, etc. You do not have to prove you have lost money or a job in order to seek legal remedies under such circumstances. The fact that a hostile working environment has been created is enough, so long as you have not willingly participated in any activity that encouraged the harassment and did not welcome the actions.
The second form of sexual harassment is known as “quid pro quo”, which means that you were required to engage in sexual activity or requested to engage in such activity under the threat of loss of a job, or demotion or other tangible loss. Under either theory it is very important that you contact legal counsel to assist you with any claim for sexual harassment as the time periods to report to the employer and any government agency are crucial and any delay may affect the validity of your claim.
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 WHAT CONSTITUTES SEXUAL HARASSMENT?
The line between harmless flirting and sexual harassment can be a difficult one to draw. People may excuse themselves by saying they were just kidding and that you shouldn’t take such things so seriously. This is not an excuse. Persistent harassment can lead to long-term mental and medical problems. Often the by product of sexual harassment on the victim is a feeling of utter misery, an overwhelming sense of being trapped, performance on the job often is affected and confidence suffers. It is up to the individual victim of sexual harassment to decide what’s acceptable, as this can vary. What’s acceptable to one person may not be acceptable to another. If it feels inappropriate and if your requests for it to stop are ignored then there is a good chance it constitutes sexual harassment.
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SEXUAL HARASSMENT INCLUDES:
- Inappropriate or suggestive remarks of a sexual nature
- Inappropriate touching or other physical behavior
- Comments or questions about your sex life (including those to do with sexual orientation or gender assignment)
- Pornography displayed in the workplace or sent by email
- Comments about the way you look (sexually suggestive clothing, description of body parts, etc.)
- Requests or demands of a sexual nature
- Unwelcome requests for dates
- Sexual jokes
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HOW TO DEAL WITH SEXUAL HARASSMENT
- The first response to any inappropriate behavior should be to tell the offending person that the actions or words are not welcome and offensive and ask that it be stopped. If this doesn’t stop the action, then you should tell your immediate supervisor, if the offending person is not your immediate supervisor. It’s also a good idea to confide in someone else such as a co-worker and keep them in the picture about what you intend to do. This provides for support of your claim if there is a need to file a claim for harassment later on. If the offending person is your immediate supervisor you should file a complaint with your supervisor’s supervisor or go and file a complaint with the company’s human resources department, if there is one. The important thing is to not just take it. You must let somebody in authority and with power to do something about the harassment know about it.
- If you belong to a union you should report the harassment to your union representative also.
- Once you have informed your employer, either through supervision or the human resources department, the employer is duty bound to launch a prompt and reasonable investigation into your complaint. This is required by law.
- You are protected from being retaliated against for making any complaint about harassment. Should you be retaliated against, that is a violation of the law also.
- You have a right to know how your complaint is being dealt with. Ask questions about the process and the outcome
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 | ITS NO LONGER BOYS WILL BE BOYS
At one time sexual harassment claims within the workplace was limited to women complaining against men. The attitude, until changed through legal action and better employer response, was “boys will be boys”. That is not the case anymore. A significant number of sexual harassment claims are now being filed by men against women who are in the power position. The same law applies to men who perceive they have been subjected to sexual harassment. They have the right to file claims for sexual harassment the same as a female.
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RECENT U.S. SUPREME COURT RULINGS
- Employers are liable for their supervisor’s misconduct
- Employers can be sued for sexual harassment even if no threats were actually carried out and there was no tangible loss to the complaining person.
- Employers can be sued in same-sex harassment cases.
If you feel you’ve been the victim of sexual harassment follow the steps provided above. If the harassment doesn’t stop or you feel you need legal assistance contact our firm for help.
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THE LAW OFFICE OF ROY L. LANDERS
“A difference you can count on”
Contact us for a free legal evaluation -click here -or call us at
(619) 296-7898
To get your free copy of How to deal with sexual harassment click here: info@landerslaw.com and make your request. |
