What are The 4 Things Employees Should Know About Harassment and Discrimination
With all the media surrounding the recent sexual harassment scandals, everyone is talking about sexual harassment occurring in the workplace, but do people know much about the laws surrounding sexual harassment? Most people probably picture sexual harassment being your boss grabbing your butt and then there is a big lawsuit, however, it is way more complex than that, and sexual harassment does not always come in the form of touching. Sexual harassment does not always take place between a male and a female and it is not always women who are victims of sexual harassment, sometimes the victims are men. While good training can prevent sexual harassment in the workplace news stories and tabloids share the juiciest stories on sexual harassment, it is important to understand the legal side of the issue. A Work Lawyer is the type of legal professional who handles sexual harassment issues and should be the type of legal counsel an employee with a sexual harassment issue should seek advice from.
1. Sexual harassment and discrimination
Did you know sexual harassment is a type of discrimination? Sexual harassment is sex discrimination, which means a person is treated adversely specifically because of their sex. An employee’s sex is recognized under the law as a type of class that is protected, just like race and religion or even sexual orientation. Having a written sexual harassment prevention policy can help stop sexual harassment in the workplace
2. Making a complaint is protected
By law, an employee has the right to make a complaint about sexual harassment without being fired or punished for making the complaint. For example, Linda was a sales representative for a pharmaceutical company. She had been having issues at work regarding another coworker Henry. Henry had been sending Linda emails and text messages containing sexual innuendos and suggestive photos of himself. Recently Henry’s attempts to get Linda’s attention escalated when he began waiting for her in her car after work. This frightened Linda and made her feel afraid to go to work. Linda made a complaint to her head manager about Henry’s behavior but nothing was done to address the issue. A few days after Linda made the complaint she was terminated without reason. Here, Linda may have a claim for sexual harassment against her employer because they are liable for Henry’s behavior. In addition to her sexual harassment claim, Linda may also have a claim against her employer for retaliation.
3. Can any kind of harassment give me the right to sue?
Harassment is only considered illegal if it is based on the employee belonging to a protected class. For instance, because gender is a protected class, technically if you are a man or woman employee you are considered as belonging to a protected class. But this does not mean that if you are picked on at work or fired, you automatically obtain the right to sue. For harassment to be considered unlawful, you must be treated adversely because of the protected class you belong to or the protected characteristics you possess. So in the gender example, if you are fired or picked on because you are a man and your boss doesn’t like you because you are a man, that may be considered unlawful harassment.
Every case has different facts but each one can still reach the same cause of action for harassment (for more info look at your company’s sexual harassment prevention policy).
An employee may be able to prove that the harassment was based specifically on the employee belonging to a protected class or possessing a protected characteristic if other employees who also belong to the same protected class or possess the same protected characteristic also endured adverse treatment. By providing this evidence, a pattern of targeting a particular class may be established.
With the help and guidance of a sexual harassment lawyer, an employee may be able to pursue a claim against their employer for harassment and possibly a claim of employment discrimination based on a protected class.
4. Does sexual harassment only happen in a romantic pursuit?
When you first hear “sexual harassment” you automatically assume it took place between a man and a woman or it is romantically motivated such as person A being attracted to person B and person A is not interested. Although this is the most talked about type of sexual harassment, another type of sexual harassment that is recognized by the law is same-sex harassment. For example, Sarah, a female server at a restaurant began having issues with her new female manager Pam. Upon Pam’s hire, she began picking on Sarah as well as the other female servers and only female servers. Pam would often call Sarah and the other female servers “her little sluts” and sometimes she specifically called Sarah “the main slutbag”. These nicknames made the female servers uncomfortable. In addition to the inappropriate name-calling, Pam made a work policy that no female employees could wear pants, only shorts and skirts. Often Pam would conduct “uniform checks” which consisted of Pam making sure the female server’s shorts or skirts were short enough for their buttocks to be revealed. Fed up, Sarah called the Human Resources Department at the restaurant’s headquarters and made a formal complaint against Pam. Here, Sarah and the other female servers may be categorized as being victims of same-sex sexual harassment because they were treated adversely specifically because of their gender. They may be able to prove that they were being treated unfairly based on being female because of the inappropriate nicknames and because Pam only behaved this way towards the female employees. Therefore the Human Resources Department may be obligated to start sexual harassment investigation to decipher whether the female employees were victims of same-sex sexual harassment and/or sex discrimination. If you find some signs someone is sexually harassing you and the Human Resources Department does not address the issue, the next step would be to contact a Work Lawyer.
Today, many employment law firms provide a free sit-down with a Work Lawyer who can tell you whether or not you have a claim worth pursuing. Because there are free consultations available, an employee should not feel reluctant to discuss their issue with a Work Lawyer who can tell them what rights they have in the workplace as an employee. Initiating legal proceedings can be an overwhelming and daunting process but having a diligent Work Lawyer can make all the difference. Contact an employment law firm as soon as possible if you feel that you are being sexually harassed at work or were fired because you complained about being sexually harassed at work or complained about sexual harassment outside the workplace.
