All forms of sexual harassment are unlawful in the workplace as per the employment laws in the United States. Employers have the legal responsibility to prevent such behavior in the workplace and ensure that the work environment remains safe and non-hostile for everyone. Even so, many employees report experiencing unwanted sexual advances, often from the employer or other persons in authority positions.
If that has been your experience, there is no reason to tolerate such uncouthness and allow it to negatively impact your morale, self-esteem, work performance, and career. Taking a strong stance against it is the most effective remedy for sexual harassment. Unless you already know a reputable lawyer, it is advisable that you search online for a “sexual harassment lawyer near me” and get competent legal counsel about dealing with the situation.
Forms of unlawful sexual harassment
The main reason you might require the services of a sexual harassment lawyer is that it can often be difficult to prove this type of harassment. There may be different interpretations of a situation. Generally, though, if you find anyone’s behavior offensive, objectionable, unwelcome, and intimidating, there is a strong likelihood that it may meet the criteria of sexual harassment.
The most common form of unlawful sexual harassment can come from someone in a higher work position than you in your company’s organizational hierarchy. The person may take advantage of their official authority over you to make sexual advances and demand sexual favor. They may promise to give you a promotion, a raise, or other work benefits if you comply with their demand. If you refuse to comply, they may threaten to sabotage your career, fire you from your position, or make sure that you never work in the industry again.
Other forms of unlawful sexual harassment may come from work colleagues, customers, suppliers, and various other people associated with the company. These can include the following types of offensive behaviors:
• Making personal comments and compliments that come across as violative
• Asking someone out repeatedly even after they have stated their disinterest
• Staring obviously and with offensive intent, especially at private parts
• Making suggestive remarks and unwanted advances
• Getting uncomfortably close in personal space
• Attempting to or forcefully touching, grabbing, or kissing someone
• Demanding sexual favors in return for career advancement
• Threatening to sabotage or sabotaging career for refusing sexual advances
• Spreading offensive rumors for refusing to give sexual favors
• Sending porn or lewd messages
• Taking overt or covert photographs
• Making sexual jokes, comments, or remarks
Being at the receiving end of such rude and unwanted behavior can be extremely unpleasant and often intimidating. If you allow the harasser to continue treating you in such a manner, they might escalate their behavior and even go so far as to cause you physical harm. That is why you must not try to disregard the situation and take all necessary steps to put an end to it.
Understand your legal rights against sexual harassment
If you work in California, you are protected from workplace discrimination, including sexual harassment, by the Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act of 1964. The Department of Fair Employment and Housing (DFEH) enforces the FEHA, and the U.S. Equal Employment Opportunity Commission (EEOC) enforces Title VII.
California-based employers have to take the following actions to enforce a strict anti-harassment policy in the workplace:
• Establish clear guidelines in the employee handbook for preventing sexual harassment
• Publish and post a zero-tolerance policy regarding sexual harassment in prominent places
• List the types of offensive behaviors that fall under sexual harassment
• Inform all employees and provide them with anti-sexual harassment policy brochures
• Provide a straightforward complaint filing procedure and assure employees there will not be any retaliation
• Investigate every complaint impartially and seriously
• Take proportionate disciplinary action against the harassers and issue warnings to those whose behavior is not yet legally actionable
• Organize and require all employees to attend anti-sexual harassment training programs
Taking action against sexual harassment
Gather evidence of the harassment and file an official complaint with the HR department. If they do not take immediate steps to stop the unwanted behavior, search for “Sexual Harassment Lawyer Near Me” and take legal action.
