What is Sexual Harassment?
One example of Employment Law Dispute is Sexual Harassment. Sexual Harassment is a form of employment discrimination. The law defines it as an unwelcome verbal, visual, or physical conduct of a sexual nature that is severe or pervasive and affects working conditions or creates a hostile work environment.
Stats on Sexual Harassment
About 15,000 cases relating to sexual harassment in the workplace are being brought to the United States Equal Employment Opportunity Commission (EEOC) every year, 60% of which are filed by female employees.
However, not only female workers are filing sexual harassment claims. In 2004 alone, 15% of the complaints handled by the EEOC were filed by men, 11% of which were against their female superiors.
What are the Characteristics of Sexual Harassment?
1. It is Unwelcome – the act done or remark said must be unwelcome and disturbing. Otherwise, it is not actionable.
2. It may be done:
a. Verbally – it may be a green joke, unpleasant rumors, or a sexually-insulting remark or comment;
b. Physically – it may be in the form of an assault, an inappropriate touching of the body, hugging, kissing or stroking;
c. Visually – it may be through screensavers, pictures and messages;
d. Non-verbally - it may take the form of a facial expression or derogatory gestures; or
e. In written form – such as letters, text messages or email.
3. It is severe and pervasive – the remark or action must be seriously insulting, affects the working condition and creates a hostile working environment.
Who can be a harasser?
Anyone (whether male or female, whether a boss, worker, or stranger) can be held liable of sexual harassment. Also, whether it is intentional or unintentional, an act or utterance, as long as it is offensive and sexually-related, may be used as ground for a sexual harassment claim.
Who can be harassed?
In the same vein, anyone (whether male or female, whether a boss, worker, or stranger) who has been sexually offended may sue for sexual harassment. In addition, it is not material to your claim whether the one you are suing belongs the same or opposite sex.
What to do when sexually harassed?
The first thing to do is to inform your superiors about the incidents right away so they can perform legal and administrative measures to warn or punish the perpetrator. Sexual Harassment is a ground, among others, for employment termination. One incident is enough for a worker to lose his job.
Another solution would be to confront the harasser and tell him that his actions or remarks are unwelcome, pervasive and are affecting your work. In order to maintain a good working environment, it is better to give him a warning first.
But if the act is so severe or if he still persists in harassing you, then it is better to take some legal actions;
If you have been a victim of sexual harassment, you should hire an Employment Law Disputes Attorney to defend you from this malicious act. Sexual Harassment is an actionable wrong, and the victim is entitled to damages. Contact your lawyer right away.
Source: http://www.ArticlePros.com/author.php?Adriane Lauren Luna
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