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Sexual Harassment

Sexual Harassment is a form of discrimination that involves unwelcome sexual advances, request for sexual favors, or other verbal or physical conduct of a sexual nature. It is prohibited in workplaces and other setting under laws like Title VII of the Civil Rights Act of 1964, which applies to employers with 15 or more employees.

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If you have been a victim of sexual harassment in the workplace, you should speak to an experienced attorney to know your rights.

ABOUT SEXUAL HARASSMENT IN THE WORKPLACE

THE MUNDACA LAW FIRM

Quid Pro Quo Harassment

This occurs when a person in authority (e.g., a supervisor) demands sexual favors in exchange for employment benefits, such as a promotion, raise, or continued employment.

Example: "If you go on a date with me, I'll approve your vacation request."

Hostile Work Environment

Involves repeated or severe conduct that creates an intimidating, hostile, or offensive work environment.

This can include inappropriate jokes, comments, gestures, or actions of a sexual nature.

Example: Displaying sexually explicit material or making repeated inappropriate remarks.

Examples of Sexual Harassment

Physical: Unwanted touching, groping, or blocking somone's movement.

Verbal: Sexual jokes, comments about appearance, or derogatory remarks.

Non-verbal: Leering, gestures, or sharing sexually explicit materials.

Online (Cyber Harassment): Sending unsolicited sexual messages or images.

Who Can Be Involved

Harasser: Can be a supervisor, coworker, customer, client, or anyone in the workplace.

Victim: Can be anyone affected by the behavior, not just the person targeted.

Third Parties: Even individuals not directly targeted can experience harassment if the conduct affects the work environment.

Legal Protections Against Sexual Harassment

Title VII of the Civil Rights Act: Prohibits sexual harassment in workplaces with 15+ employees.

State Laws: Many states have laws that expand protections to smaller employers or provide additional rights.

Retaliation Protections: Employers cannot retaliate against employees who report sexual harassment or participate in investigation.

What to Do if You Experience Sexual Harassment

  1. Document the incidents:
    • Record dates, times, locations, and details of the behavior.
    • Note any witnesses or evidence (e.g., emails, texts).
  2. Communicate:
    • Inform the harasser that their behavior is unwelcome, if you feel safe doing so.
  3. Report:
    • Notify your employer's HR department or follow the organization's harassment reporting procedures.
  4. File A Complaint:
    • File a charge with the Equal Employment Opportunity Commission (EEOC) or a state equivalent if your employer fails to take action.

What Are An Employer's Responsibilities

Employers are legally obligated to:

  • Prevent harassment by providing training and clear policies.
  • Address complaints promptly and thoroughly.
  • Take corrective actions to stop harassment and prevent recurrence.

Sexual harassment undermines workplace equality and violates the law. Addressing it promptly is critical to maintaining a safe and respectful environment.

Experienced sexual harassment? Contact us today.