Sexual Harassment
According to the U.S. Equal Employment Opportunity Commission (EEOC), sexual harassment is any “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature” (29 C.F.R Part 1604.11, 2006). Sexual harassment is not harmless flirting or teasing. Rather, it is deliberate acts of domination and humiliation that threaten a person’s safety causing them psychological and sometimes physical harm. It is important to be aware that sexual harassment can happen to both men and women, even though women report it more frequently than men.
There are two types of legally recognized sexual harassment: quid pro quo and hostile environment. Quid pro quo occurs when an employee’s reviews, advancement opportunities or treatment in the workplace are contingent on sexual favors. A hostile environment is considered any place that condones unwelcome sexual conduct that interferes with an employee’s ability to do his or her job. Employers may be held responsible for the inappropriate behavior of managers and employees. Employers are liable if they knew or should have known about the harassment and failed to correct the problem. An attorney can help you determine whom your claim of sexual harassment should be against.
Some victims of sexual harassment never report their mistreatment for fear of retaliation from their employer. Employees fear that they will lose their job, be demoted or receive a poor performance evaluation. When you really need your job, these fears can be overwhelming. It is, therefore, important to know your legal rights regarding sexual harassment in the workplace. Employers may not retaliate against employees who report sexual harassment, refuse sexual advances, or notify law enforcement agencies of sexual harassment in the workplace. An attorney can help you better understand your rights if you are experiencing sexual harassment at work and make sure your rights are protected.
If you are the victim of sexual harassment, it is important that you document every instance of harassment. In your journal, you should record who is doing the harassing and the dates, times and places of the harassment. Be sure to write about the behavior, how the behavior makes you feel and how it affects your ability to work. In addition, you should make note of anyone who witnessed the harassment. If you report the harassment to your supervisor, be sure to write down when that conversation occurred and if anything changes as a result of your complaint. Also, if you receive any retaliation for reporting sexual harassment, be sure to document that as well.
If your company has policies in place for dealing with sexual harassment, you should utilize those channels first and see if the situation is resolved. If you have gone through the proper channels at work and are still being victimized, you will want to seek outside assistance. Every sexual harassment case is different. Sometimes sexual harassment is annoying and bothersome and other times it is threatening and intimidating. Depending on the seriousness of your situation, you may want to contact local law enforcement agencies and seek legal advice. Your safety is of utmost importance and if you feel threatened in anyway, it is imperative that you seek help wherever you can get it.
It is important to seek legal advice if you are the victim of sexual harassment. And it is better to seek legal counsel while you are still employed by the offending agency as your claim will be seen as more credible. Allow your lawyer to advise you on whether or not quitting your job is in your best interest. Also, when cases of sexual harassment are reported to the EEOC, they will only rule on cases where the harassment occurred in the past year. And the statute of limitations for filing claims of sexual harassment varies from state to state (see Understanding Statutes of Limitations). This means it is very important to seek legal action shortly after any sexual harassment occurs so that you are able to still press charges. An attorney with experience handling sexual harassment claims should be able to tell you the amount of time you have to file a claim.
Sexual harassment is a very serious issue and if you believe you are the victim of sexual harassment, it is important that you seek the advice of a sexual harassment attorney. An attorney may be able to help clarify what your rights are, establish if your employer is responsible for a hostile environment and determine what compensation you are entitled to. Your safety is paramount in sexual harassment cases; therefore, be sure to alert the proper authorities of your situation.
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