Workplace sexual harassment: What are your rights as an employee?

Sexual harassment is treated as a form of sex discrimination under Article VII of the Civil Rights Act, where it is defined as unwelcome advances of a sexual nature, physical or verbal behavior of a sexual nature and requests for favors that are explicitly sexual in nature. Article VII is an anti-discriminatory law formulated to prevent workplace harassment and/or discrimination that are often meted out on the basis of caste, creed, sex, religion, national origin, and color.

Types of Sexual Harassment Defined

Quid Pro Quo - Quid pro quo harassment happens when sex is made a condition for employment, raise, or promotion. Quid pro quo also happens when an individual is threatened with retaliation if he/she does not perform certain sexual acts. Sexual harassment lawyers proclaim that when a worker is terminated because they refused a sexual favor, it is often considered as retaliation by the employer.

Hostile Work Environment - Hostile work environment happens when the conduct of certain individuals creates a hostile and offensive work environment thereby making it impossible for an individual to perform properly under the circumstances. Sexual harassment attorneys explain that the courts look at certain aspects to determine hostile environment.

• Was the conduct physical or verbal or both?
• Was the conduct offensive and hostile?
• How often was the conduct repeated?
• Did others join the harassment at some point?
• Was the harassment directed towards a single individual or multiple workers?

Before this goes any further you need to go right here: Sexual-Harassment-USAttorneys. It does not help you one bit by delaying this. You are putting yourself in jeopardy and if you take too long to notify someone someone else could say that you were not bothered by this person or their actions and statements. Press that link, go to that website, and find yourself the legal help you certainly need.

Are men protected under Article VII?

Article VII also protects men from harassment. In fact harassment can happen against both men and women. Moreover, individuals are often harassed by members of the same sex. It is important to note that harassment is not always meted out by a supervisor. Sometimes co-workers, supervisors of other departments, and people not employed by the company, such as a client, can harass you.

You saw this in the movie Disclosure when Demi Moore’s character (Meredith Johnson) went after Michael Douglass’s character (Tom Sanders). It was sexual harassment, it was actually more like sexual assault. She knew he was married. It is amazing someone like Meredith Johnson could even reach the higher echelons of corporate America. She obviously slept and manipulated herself to the top. She was probably smart but more ruthless and cunning than intelligent. Someone like Meredith Johnson is unethical and a narcissist.

Meredith went after Tom because Tom refused to have sex with her. Not right! Meredith was irrational and a danger to the company and herself.

Can a single incident construe harassment?

A single incident can be construed as harassment if you are face quid pro harassment. This means if your employer fires you or denies your promotion because you rejected a sexual advance then a single incident is sufficient to bring a lawsuit against the employer. However, if you are facing a hostile work environment then a single incident may not be harassment.

For a single incident to be considered as hostile environment it has to be extremely severe such as an assault or battery. So a snide comment made in the cafeteria does not construe harassment. Sexual harassment lawyers claim that if such comments are repeatedly made, then a pattern of behavior emerges, which the courts can find offensive enough to label it as a hostile work environment.

Can employers retaliate if workers complain to the HR or EEOC?

The employer cannot retaliate against any workers if they have reported the harassment. If the company takes retaliatory action against you, the courts will take punitive measures against the employer. Moreover, if you appear as a witness in an investigation involving a colleague the employer is prohibited from retaliating against you in any form.

If you are facing any form of workplace sexual harassment you can always reach out to a sexual harassment lawyer to know your rights. Sexual harassment lawsuits require time to prepare and this becomes tricky when you are up against EEOC deadlines. So make the right move and call a legal counselor today. People like Meredith Johnson should not exist! Don’t let them get away with it!