When Sexual Harassment in the Workplace is a Crime

Over the years the US government had done its part to tackle sexual harassment in the workplace. This started in the 90s with one Bill Clinton scandal after another and Hillary Clinton doing her best to squash any complaint made against her husband. Other woman and how they were treated mattered very little to her. Woman have made incredible strides though in the workplace over all from the 1950s, for example.

However, the campaigns conducted by the government have had minimal impact on the sexual harassment incidents. Sexual harassment is illegal because it violates several federal and state laws. It is usually treated as a civil wrong and the victim has a right to sue his/her harasser. But there some types of harassment which can be dealt as a criminal violation.

What is sexual harassment?

Unwelcome and offensive conduct which is explicitly sexual in nature or directed towards age, sex, ethnicity, disability, and nationality fall within the purview of sexual harassment in the legal sense of the term. Often times victims face two types of harassment in the office, quid pro quo harassment that often leads to adverse job action or retaliation, and hostile work environment.

Sexual harassment lawyers say that adverse employment action happens when an individual is denied a hike or promotion as a retaliatory step for refusing to grant sexual favors to a supervisor or anyone else in authority. A hostile work environment happens when an individual is subjected to belittling, heckling, and is forced to face lewd innuendos and sexual comments on a regular basis thereby negatively impacting his or her job performance.

Just watch Horrible Bosses when it comes to this. Focus on the characters Dr. Julia Harris, D.D.S. and Dale Arbus. Even if Harris is attractive, the pressure on Arbus ignites and this puts even more pressure on him and his personal life. Does Harris care? She does not seem to mind one bit. Should someone this selfish be in that type of position?

If you are in this position, even close to it, even once, you need legal help.

When does sexual harassment become a crime?

There are some types of harassing conduct that are in clear violation of criminal statutes and are dealt legally as crimes. For instance, if an employee posts a pornographic photo on a computer screen it is not a crime but if an employer assaults a co-worker then this is a criminal act.

Dr. Julia Harris, D.D.S. did not do that but she did cross the sexual harassment threshold multiple times and by many degrees.

Rape

Often tragically sexual harassment leads to assault or rape. Sexual harassment attorneys reiterate that in such a situation a civil lawsuit can be brought against the employer for failing to provide the employee adequate security and a criminal lawsuit is brought by the victim against the perpetrator.

Assault and Battery

If an employee is subjected to intentional and violent physical contact or is threatened with violence by a co-worker then this type of conduct is in clear violation of assault and battery laws.

False Detention

Sexual harassment lawyers point out that if a person is unable to move freely due to a threat or has been detained illegally at a location then false imprisonment laws apply and this is a criminal offense.

Bullying

There are criminal statutes that make bullying illegal. A judicious example of bullying is when a co-worker posts obscene pictures or comments about the victim on a social media page knowing full well that page is accessed by other co-workers then this construes bullying.

Stalking

If a perpetrator trolls a victim and follows a person everywhere or is found waiting in parking lots then this is clearly stalking, which is a crime.

Pornography

Indulging in child pornography is a serious crime. Often harassers access such sexually offensive videos from the office computer which is not only against office regulations but is a criminal violation. However, employers too are guilty of such crimes.

If you are subjected to any form of workplace harassment or discrimination it would be prudent to reach out to an experienced sexual harassment lawyer. Hire a legal pro so they can offer you appropriate advice on how to protect yourself once you make a formal complaint and how you can file an EEOC complaint if your problems are not addressed. Someone needs to squash the Dr. Julia Harris, D.D.S.’s of the world. It is not so humorous in life.

Click right here Sexual-Harassment-USAttorneys if you need legal help. If you need assistance, contact us. We will get back to you shortly.