Sexual Harassment In The Workplace
A sexual harassment attorney will help you prove you were harassed, handle litigation, and negotiate a settlement with your employer.
The wave of sexual harassment allegations in 2017 shed light on just how big of a problem unwanted sexual attention, harassment, and assault by powerful men (or women) in the worlds of entertainment and politics is today.
These stories and the growing national movement called #MeToo are shining a light on what has been hidden from the public for so many years: sexual harassment in the workplace.
Today, we’re taking a closer look so you know what to do if you’re sexually harassed in the workplace.
Let’s get started …
What Is Sexual Harassment In The Workplace?
So, just what is sexual harassment from a legal perspective?
The U.S. Equal Opportunity Employment Commission (EEOC) defines workplace sexual harassment as unwelcome sexual advances or conduct of a sexual nature that interferes unreasonably with a person’s job performance or creates a hostile, intimidating, or offensive work environment.
Sexual harassment can range from persistent offensive sexual jokes to inappropriate touching to intimidation of loss of career or worse crimes. Sexual predators in powerful positions have been known to threaten victims with blackballing from career opportunities. More and more women, especially, have come forward recently with claims of harassment against well-known entertainers and government officials.
Federal and state laws protect employees from sexual harassment in the workplace. It is identified as a form of discrimination under Civil Rights Act of 1964, Title VII.
Recognizing Types of Sexual Harassment
Title VII recognizes two types of sexual harassment: quid pro quo and hostile work environment.
Quid pro quo means that a person in authority (like a supervisor), demands that subordinates tolerate sexual harassment as a condition of getting or keeping a job or job benefit, and this includes getting promotions and raises.
Even one instance of harassment can be sufficient for a quid pro quo claim. For example, a producer tries to kiss an actress in order for her to get a part in a movie.
Repeated attempts would establish a pattern of harassment and would qualify as a hostile work environment and would be grounds for legal action because it would be unwelcome, based on sex, and was creating an abusive or offensive work environment.
In analyzing claims of harassment, the court would consider several factors including whether the conduct was verbal, physical, or both; the frequency of the conduct; whether the conduct was hostile or offensive; and whether the conduct was aimed at a single individual or a group.
In making the claim, the alleged victim would have to show that he/she believed the conduct to be hostile, abusive or offensive and that a reasonable person would feel the same way in those circumstances.
Understanding Employer Liability
Title VII covers employers with 15 or more employees. Smaller companies are governed by state laws in most states have enacted laws covering harassment situations.
Either kind of harassment, quid pro quo or hostile work environment, is punishable to the employer depending on the circumstances. If the harassment is committed by a supervisor and there are tangible actions like firing, demoting, or negative job assignment changes, the employer is liable.
And if a hostile work environment is proven, the employer is liable unless it can prove it exercised reasonable care to prevent the harassment and it took prompt action to stop it once made aware of it, and the employee refused to accept the corrective measures.
Similarly, the employer is liable if a co-worker committed the harassment, the employer knew or should have known about it, and should have taken corrective action.
Employers are also liable if they retaliate against you in any way for making a claim of harassment. Based on making a claim, you cannot be fired, demoted or given a negative change in work assignments.
Learning What You Can Do to Stop Harassment
There are several different ways to combat harassment. The first is to confront the offender and inform him or her that the actions are offensive and unwelcome. The person may be unaware that you are offended by the action and may stop it along with an apology.
If that doesn’t work, it’s time to consult your company’s policies regarding harassment. Look at your employee handbook or manual to learn what policies are in place to deal with this issue. Report the issue to your company HR department and to a ranking official (company general manager or CEO, school principal, hospital administrator, etc.).
Write down everything about each incident including what happened, who was responsible, when and where it happened, what was said, names of any witnesses, who you reported it to, the actions taken by supervisors or other officers, etc.
Obtain a copy of your personnel file before filing a complaint. This will provide documentation of your positive past work performance and evaluations in the event that the company retaliates by claiming you have a poor work record.
If you do not feel comfortable addressing the harasser in person, send a letter or email telling the person to stop. Send the letter or email from a company address. Be sure to keep a copy of what you send. This kind of documentation can be very valuable in legal proceedings.
If you want to file a civil lawsuit under Title VII, you have to send your complaint to the EEOC. This federal agency will investigate your claim. If there is no settlement reached, you can then file a Title VII lawsuit. Since state agencies may have different policies, you should also check with your state’s agency.
It is wise to hire a lawyer with experience in sexual harassment to help you through the process of making a Title VII claim. Your lawyer can even help with contacting your employer if that would be helpful.
Learning what Companies Can Do
Studies and reports have shown that 52% of women face workplace bullying, and nearly 30% of all charges filed with the EEOC contain allegations of harassment.
Companies are becoming more aware of the issue and are taking more steps to prevent it. They should be encouraged to train all employees on what harassment is and its impact on victims. Companies should tell employees that harassment in any form will not be tolerated and will be met with immediately. The grievance policy and procedures should be clearly outlined.
Companies should foster a culture of safety for their employees and establish a code of conduct that will be followed by all employees, most notably by supervisors and managers. By creating awareness and enforcing all policies from the top down, maybe harassment can be minimized or eliminated in today’s workplace.
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