Sexual Harassment

...

When courts consider a harassment case, they will consider the severity of the alleged harassment. The conduct in question must be considered severe enough to inhibit the employee's ability to do her job. If it is deemed severe enough, it might take only one instance of the conduct to constitute harassment. In a case cited by the Attorney General of the State of Missouri, a plant foreman forced a female employee's face to his groin in front of male co-workers. That action was considered severe enough on its own to constitute harassment.

Not all forms of a hostile workplace need to be based on one of the protected classes laid out in anti-discrimination law. If an employer singles out an employee for unfair treatment as retaliation for some other action, such as reporting illegal activity, that can be considered a hostile work environment. Also, it is considered a hostile workplace if an employee is a victim of wrongful termination, such as being fired for joining a union or reporting safety violations.

At the federal level, hostile work environment and other harassment claims are regulated by the Equal Employment Opportunity Commission (EEOC). However, according to EmployeeIssues.com, individual states may have their own discrimination and labor laws that could apply differently to an individual situation, and in turn might have a state equivalent of the federal EEOC.

How to identify and resolve sexual harassment

Although most workplace harassment is male to female, the problem encompasses much more than gender and sex discrimination. According to Title VII of the Civil Rights Act of 1964, individuals with legally protected characteristics have a right to work in an environment free from unwanted intimidation, ridicule, degradation and sexual advances. Learn to identify workplace harassment to protect your rights and the rights of others.

Understand what constitutes a hostile work environment. You may have a workplace harassment case if you feel uncomfortable at work because others make unwanted comments or take unwanted actions based on your legally protected characteristics, such as age, religion, race, gender, sexual orientation and disability.

Know that you can be the victim of workplace harassment even if you are not the perpetrator's intended target. If you overhear harassing comments or witness harassing behavior that you find offensive, you may have a legitimate workplace harassment claim.

Learn what constitutes non-sexual workplace harassment. It is illegal to make jokes, display or distribute materials, perpetuate stereotypes, or make derogatory or threatening comments targeted toward individuals or groups with legally protected characteristics.

Hold management to a higher standard. Although anybody, including vendors and other third parties, can create a hostile work environment, only those with supervisory positions can commit workplace harassment that results in a tangible change in employment status. A manager cannot take any action against an employee, such as hiring, firing, demotion or transfer, based on protected characteristics.

Draw the line when appropriate. Although it is legal, within certain parameters, to compliment coworkers and to display personal materials in the workplace, harassment law has some gray areas, so it's better to be safe than sorry. For example, while it's legal to ask a coworker for a romantic date, repeated unwanted requests and advancements can constitute harassment.

Distinguish unwanted actions from consensual behavior. Workplace harassment, by definition, must be unwanted on the part of the target. In order for harassment to constitute a hostile work environment, it must be pervasive and offensive from an objective standpoint.

If you are a victim of sexual harassment, you are not alone: The EEOC reports that it received 13,867 charges for sexual harassment in 2008. As a victim, you are protected under federal law and have rights to protect you in the workplace. There are steps that you can take to handle sexual harassment.

Tell the offender to stop. No employee should ever feel uncomfortable at work by unwelcome sexual behavior, or hostility that results from saying no. It's possible this person does not know her actions are making you uncomfortable, so be sure to make your position clear. It is best to use a written form of communication such as email so you can prove you have told the individual to stop.

Keep a paper trail. If you begin to feel uncomfortable with communication you are receiving from a co-worker or supervisor, it is important to keep a record. Save emails, voice mails, hand-written notes, gifts, and anything you have received from the perpetrator that will help prove your allegations. Also keep a written timeline that includes dates, times, places and potential witnesses to occurrences of harassment. Do not keep these things in the office.

Report the behavior if your efforts in saying no have not worked. Laws on sexual harassment policies vary by state, but most large employers are required to have a written policy with annual training for supervisors and employees. Review this policy, which will usually be available on your company's website or in an employee handbook, and follow the steps outlined in the policy. Start with your supervisor, unless your supervisor is the perpetrator. In that case, go directly to your human resources director. Be sure to take any written or physical evidence of the harassment when you report the behavior.

Comply with the investigation. Once you make a formal complaint, your employer will conduct an investigation. Though it may be difficult to discuss the harassment with investigators, it is important that you be open and honest about what has happened and cooperate with due process.

Everyone can protect employees and employers against sexual harassment. It just takes everyone in the workplace to make sure the environment is cohesive and comfortable. Employers need to make sure that have rules against harassment and the employees are not offending those they work with, whether it’s intentional or not. Everyone needs to work together.

References:

Sexual harassment. (n.d.). Retrieved February 1, 2015, from http://Womenslaw.org

Harassment. (n.d.). Retrieved February 1, 2015, from http://www.eeoc.gov/

Sexual Harassment At Work. (n.d.). Retrieved February 1, 2015, from http://equalrights.org/

Giraffe, V. (2011). Contemporary