What are an Employee’s Rights against Workplace Sexual Harassment?

Workplace sexual harassment is a kind of sex discrimination carried out in offices. Legally sexual harassment is defined as unwelcome or unwanted advances of a sexual nature, and physical and verbal conduct of a sexual nature. It also includes requests for sexual favors that negatively affects the employment and interferes with an employee’s job performance unreasonably or creates an office environment that is hostile, offensive, and intimidating which sexual harassment lawyers have seen many times before.

Just watch Jennifer Aniston in Horrible Bosses when she plays Dr. Julia Harris, D.D.S. She makes Dale Arbus’s (Charlie Day) work life miserable. Dale does not want to go to work. He is worried about his girlfriend finding out and he is also worried about if Harris will not fire him if he does not comply. No one should have to go through this. Harris is unbecoming and unprofessional and she should lose her license. Harris does have the right to sue for some money and hire a sexual harassment lawyer.

Dale did not receive that much sympathy since Dr. Harris was attractive. Even attractive people can cause problems for other people and most people that do this are not that attractive which should be known. Either way, the economy is weak because of high taxes and regulations so if you lose your job, it is hard to find another one. People like Dr. Harris are selfish and need to be stopped.

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Different Types of Sexual Harassment

Verbal or Written:

•  Making jokes and innuendos which are explicitly sexual in nature
• Commenting about a person’s body, dress sense, romantic relationships, and behavior
• Spreading rumors about a person’s sex life
• Requesting for dates and sexual favors
• Threatening an individual for rejecting sexual advances

Physical:

• Kissing, hugging, stroking, patting
• Blocking movement
• Inappropriate touching of clothing or body
• Assaulting someone

Non Verbal:

•  Ogling at someone’s body
• Making facial expressions or gestures that are derogatory in nature
• Stalking

Visual:

• Sharing pictures, posters, drawings, and screensavers that are sexual in nature

Quid Pro Quo Harassment - Adverse Job Actions

Sexual harassment attorneys say if you are given a poor evaluation, denied a promotion that was overdue, demoted, shifted to a different location or department or sacked because you ignored sexual advances made by your superior then these actions clearly construe sexual harassment.

Hostile Work Environment

Sexual harassment lawyers also point out that if you face conduct which is severe and pervasive and you are unable to perform properly as a result of the conduct then it can be construed as harassment according to the law. Remember, your inability to deliver will directly impact your increment or promotion and if you can prove hostile work ambience you will be entitled to damages for loss of income.

Defining Severe and Pervasive

A single incident of teasing or an unwanted comment does not warrant sexual harassment. The behavior might be inappropriate but not severe. However, if a person is molested, raped, or assaulted then this incident will fall within the purview of sexual harassment since this is considered severe. This is not criminal!

Similarly in order to make a behavior pervasive the conduct has to happen repeatedly. For instance, you are clearly a victim of sexual harassment if you are forced to face a series of derogatory actions over a period of time. Therefore, this definitely creates a hostile work ambience that impedes your performance. However, you must remember that the behavior must offend any reasonable-minded individual which Dr. Harris’s certainly would. If you are the only one offended by the behavior then your sexual harassment claims might be squashed in the opinion of sexual harassment lawyers.

What steps can you take to stop the harassment?

You must ask the harasser to stop the behavior forthwith. If the harassment does not end, follow the proper channel to report the incident. In addition, contact a legal pro who can provide you with guidance. If your employer fails to take prompt action following your harassment complaint, speak with your union or find legal help since most likely you do not belong to a union which you are probably happy for that. If all the above measures fail report the matter to the EEOC.

The employer cannot retaliate if you complain. However, gather as much as evidence as you can so that the EEOC has no doubt that a violation has happened. Also have copies of all correspondence between you and your employer as proof that you followed all the procedures.

If you are a victim of persistent sexual harassment at your workplace never hesitate to seek help from a sexual harassment lawyer. Your legal rep can evaluate your claims and figure out ways to sue the parties who are liable for the harassment. If it is more than one, then it is more than one. No problem there!