Sexual Harassment
02/16/2009
Sexual harassment is any unwelcome sexual advance or conduct on the job that creates an intimidating, hostile or offensive working environment for either gender.
This includes requests for sexual favours, or other verbal or physical conduct of a sexual nature to such an extent that it alters the conditions of the person's employment and creates an abusive working environment, including:
Sexual slurs or gestures, leering, repeated obscene jokes, comments about the victim’s body or private life, sexual notes or pictures usually apply to a hostile environment claim.
Sexual advances such as repeated unwanted invitations for dates, persistent phone calls, notes, or gifts, and direct sexual contact such as physical touching, feeling, grabbing, impeding or blocking.
EMPLOYERS' LIABILITY
The liability of the employer is based on its knowledge of the activity, and its failure to remedy it immediately if possible. An owner, manager, or supervisor that acts as a harasser generally makes the employer immediately liable under the theory that these persons are the direct agent of the business and thus the employer knows of the harassment through the acts of its own agent. If the harasser is a co-employee or a customer, then the employer is not liable until it receives notice of the problem, or should have known of the problem.
SEXUAL HARASSMENT POLICIES
Employers are generally required to post policies regarding sexual harassment in the workplace. These policies should address:
To whom an employee report sexual harassment
Procedures for the employer's investigation of claims
Corrective measures when the claim is confirmed
LAW AGAINST SEXUAL HARASSMENT
Both federal and state laws prohibit harassment in employment on the basis of sex or gender. Both the federal government and states have created agencies that investigate harassment claims and enforce the laws prohibiting sexual harassment.
Federal Laws: The Equal Employment Opportunity Commission (EEOC) enforces Federal sex discrimination & harassment laws. They investigate claims of discrimination and harassment in employment. Generally, in order to file a lawsuit in federal court, an employee must first file a claim with the EEOC with 180 days of the conduct.
State Laws: Many states also have their own laws to regulate sexual harassment in employment and agencies to enforce these laws. State deadlines for filing claims vary.
AS A VICTIM, WHAT SHOULD YOU DO?
Often, sexual harassment will stop when you demand that the person stop his or her behaviour which offends you. If you aren’t comfortable confronting the individual, start documenting. Keep a record of all interaction that you feel is inappropriate along with the date, time, place or other relevant information and your response, if any. Then, consult your employee handbook about the procedure for reporting, or decide if you want speak to your employer/supervisor or the human resources department about the situation.
Once you report the situation, which should be in writing for documentation purposes, your employer should investigate the harassment. Eventually they’ll let you know what they determined. The employer is obligated to attempt to stop harassment when they find it. If you think your employer didn’t fulfil its obligation under the law, consider contacting your state’s anti-discrimination agency or the EEOC.
Be aware that employers are prohibited from taking a negative employment action against an employee because he or she reports sexual harassment or participates in a sexual harassment investigation. Such negative employment actions include demotions, decrease in pay, firing or restricting benefits.
This includes requests for sexual favours, or other verbal or physical conduct of a sexual nature to such an extent that it alters the conditions of the person's employment and creates an abusive working environment, including:
Sexual slurs or gestures, leering, repeated obscene jokes, comments about the victim’s body or private life, sexual notes or pictures usually apply to a hostile environment claim.
Sexual advances such as repeated unwanted invitations for dates, persistent phone calls, notes, or gifts, and direct sexual contact such as physical touching, feeling, grabbing, impeding or blocking.
EMPLOYERS' LIABILITY
The liability of the employer is based on its knowledge of the activity, and its failure to remedy it immediately if possible. An owner, manager, or supervisor that acts as a harasser generally makes the employer immediately liable under the theory that these persons are the direct agent of the business and thus the employer knows of the harassment through the acts of its own agent. If the harasser is a co-employee or a customer, then the employer is not liable until it receives notice of the problem, or should have known of the problem.
SEXUAL HARASSMENT POLICIES
Employers are generally required to post policies regarding sexual harassment in the workplace. These policies should address:
To whom an employee report sexual harassment
Procedures for the employer's investigation of claims
Corrective measures when the claim is confirmed
LAW AGAINST SEXUAL HARASSMENT
Both federal and state laws prohibit harassment in employment on the basis of sex or gender. Both the federal government and states have created agencies that investigate harassment claims and enforce the laws prohibiting sexual harassment.
Federal Laws: The Equal Employment Opportunity Commission (EEOC) enforces Federal sex discrimination & harassment laws. They investigate claims of discrimination and harassment in employment. Generally, in order to file a lawsuit in federal court, an employee must first file a claim with the EEOC with 180 days of the conduct.
State Laws: Many states also have their own laws to regulate sexual harassment in employment and agencies to enforce these laws. State deadlines for filing claims vary.
AS A VICTIM, WHAT SHOULD YOU DO?
Often, sexual harassment will stop when you demand that the person stop his or her behaviour which offends you. If you aren’t comfortable confronting the individual, start documenting. Keep a record of all interaction that you feel is inappropriate along with the date, time, place or other relevant information and your response, if any. Then, consult your employee handbook about the procedure for reporting, or decide if you want speak to your employer/supervisor or the human resources department about the situation.
Once you report the situation, which should be in writing for documentation purposes, your employer should investigate the harassment. Eventually they’ll let you know what they determined. The employer is obligated to attempt to stop harassment when they find it. If you think your employer didn’t fulfil its obligation under the law, consider contacting your state’s anti-discrimination agency or the EEOC.
Be aware that employers are prohibited from taking a negative employment action against an employee because he or she reports sexual harassment or participates in a sexual harassment investigation. Such negative employment actions include demotions, decrease in pay, firing or restricting benefits.
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