
If you believe that you are the victim of s*xual harassment in the workplace, don’t ignore the problem. Studies show that individuals who s*xually harass other people at work do not stop simply because their victim does nothing. Ignoring such behavior may actually make the harasser escalate his or her behavior. Talking about s*xual harassment can be uncomfortable, but you can empower yourself by talking with other employees who may also be experiencing harassment by speaking up.
3. Not All Offensive Behavior Is S*xual Harassment Under The Law.
What constitutes unlawful s*xual harassment is determined under various statutes and hundreds of court cases interpreting those statutes. These criteria evolve through statutory amendments and new court opinions. Not all offensive behavior is unlawful s*xual harassment. Whether certain offensive behavior constitutes s*xual harassment is considered on a case-by-case basis. It’s especially hard to know where to draw the line when you’re experiencing behavior in the workplace that you find obnoxious, disgusting, or frightening. This makes it especially important to talk to a lawyer who knows about s*xual harassment law and about how to deal with such behavior.
5. Report The Conduct. Reporting s*xual harassment may feel threatening and disruptive, but your report does two important things. It gives your employer an opportunity to correct the problem, i.e. make the harassment stop; and if the conduct does not abate, you have proof that your employer knows about the problem. Once your employer is on notice of the harassment, it should investigate and, if warranted, take prompt remedial action to address the problem. But if you do not inform your employer about the harassment, it might contend that it did not know about the problem and therefore is not responsible for the conduct of the harasser; this is particularly true if the harasser is a co-worker and not a supervisor. Although it may be hard, you need to cooperate in the employer’s investigation. Fear of retaliation generally is not a sufficient reason to avoid reporting harassment.
6. Remember: Anything You Tell Human Resources Can Be Revealed To Others In The Company.
Human resources personnel may present themselves as your advocate or friend. And in fact they may act to protect you and other employees. But keep in mind that they work for and are loyal to the company. Don’t assume that anything you tell them is going to be kept confidential. They may report your complaint to their supervisors and to other managerial employees.
S*xual harassment is against the law. You do not have to endure a s*xually hostile work environment; your employer is legally required to make it stop. Don’t just quit to get away from the offensive environment. Quitting might enable the employer to argue that you didn’t give it time to fix the problem; quitting could adversely affect your ability to recover for lost income; and quitting might make it harder to collect unemployment benefits, because your employer could contend that you abandoned your job. If you feel that the harassment is intolerable, talk to an employment lawyer before you make any decisions. An alternative to quitting might be to take sick or disability leave while the problem is being addressed. An objective, knowledgeable lawyer can help you make the best possible plan to deal with the situation.
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