Sexual Harassment – Employment Law

Sexual harassment is part of sex discrimination, and when it happens in the workplace, it’s a violation of Title VII of the civil rights act of 1964. Report any unwelcome sexual request or sexual favors that are considered sexual harassment. Women aren’t the only victims of sexual harassment, the harasser can either be male or female, the victim can also be male or female, it can also be of the same gender, that’s male harassing male or female harassing a female.
If you’re experiencing this type of misconduct you might have a lot of questions in mind on how to deal with the situation, which may include;

  • The behavior that a colleague or your boss is showing is it even considered sexual harassment?
  • What are the right steps that need to be taken to deal with the situation?
  • Should you report the misconduct, and where should you start?
  • Can you protect yourself from future sexual misconduct?
  • If you succeeded with your case, are you protected from your employer if he tries to retaliate against you?

Almost every victim of sexual harassment will have these questions in his mind more, especially the last matter, because most employers will try to retaliate against you if you report them to the proper authorities. In this article, we shall explain sexual harassment and how to deal with it.
Sexual Harassment Behaviors
The types of behaviors considered as sexual harassment depend on the people involved and on the situation in which occurred. Any sexual favor or unwanted sexual advances can be sexual harassment. Sexual harassment can be done directly or indirectly, such as giving bribes for the sake of sexual favors. It can also be in the form of sexually suggestive jokes, brushing up against another person, any kind of touching or displaying explicit material is sexual harassment.
The Law That Governs Sexual Harassment
The civil rights of 1964 protect all individuals from any form of sexual discrimination. This law makes it clear that no employer should discriminate anyone when it comes to firing or hiring and any other kind of employment benefits such as salary raises, promotions, or any opportunity due to their sex. Sexual discrimination in the workplace is a significant threat to society, and in the eyes of the court, it’s a form of sex discrimination.
As the civil rights act of 1964 protects all individuals from any form of sexual discrimination in the workplace, some states, however, offer more protection to its residents against sexual discrimination. There is a need for everyone to check with their state laws regarding sexual discrimination.
Types Of Sexual Harassment Claims
Quid pro quo; this happens when the employer makes certain decisions based on the individual’s willingness to submit himself to any form of sexual harassment, this includes choices such as promotions, keeping job contract, or assignments. Any unwelcome sexual request is considered as quid pro quo when it falls under the following two categories;

  • When the hiring decision is based on the individual’s willingness to submit to sexual conduct.
  • When employment benefits are offered based on sexual favors.

A Hostile work environment means that the workplace is hostile, offensive, or intimidating, then such sexual harassment claim falls under a hostile work environment claim.
How To Deal With Sexual Harassment At The Workplace
Even if you’re confident that your co-worker or employer has sexually harassed you, there is the need to take the right steps because if not, then you may lose your case. You should report to human resources or any managerial employees first so that the person is held responsible for the sexual harassment.
If you have experienced sexual harassment, and it has not stopped after you reported it to the appropriate manager or owner of the business, you need an attorney whose expertise is in the field of sexual harassment. He can outline all the necessary steps that are required in order to make sure that the harasser is dealt with properly and also to make sure that the harasser won’t make a wrong move by retaliating against you. Document all the details that happened by date, and if there are possible witnesses, you should include them in your documentation.
If you’re a victim of sexual harassment in the workplace and you need some assistance, contact us now at Massey & Duffy for a free consultation so that we can answer any questions that you might have.
 

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