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Your Rights In Sexual Harassment Laws
The legal definition of sexual harassment is unwelcome verbal, visual or physical conduct of a sexual nature that is severe or pervasive and affects the working condition or ends up creating a hostile working environment. |
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If you reject a sexual advance from your immediate superior and the aftermath results in you getting fired, being refused a promotion or given a poor performance evaluation, you are most certainly facing sexual harassment at work. If the conduct of a superior hinders your performance or ends up creating an offensive and intimidating work environment which affects you performance, it is definitely regarded as sexual harassment.
Sexual harassment is not just limited to women. Even men can undergo sexual harassment at work and the harasser can be either from the same sex or opposite sex. In order to challenge any sexual harassment at work you should know your rights in sexual harassment laws. There are laws for employers which stipulate that employers have certain responsibility towards employees.
Title VII makes employers liable to prevent and stop sexual harassment at a work place. Employers have to take action to prevent sexual harassment and if an employee complains of sexual harassment at workplace, the employer has to take immediate actions to prevent any further damage.
Before you rush to your lawyer to sue your employer for not taking actions to correct sexual harassment be aware that the employer must first be notified that sexual harassment has occurred. That is why lawyers advice victims of sexual harassment to follow a company’s internal grievance procedure and that form of redressal is not available then you should lodge a complaint with your supervisor.
However, it is still important to talk to a lawyer who will help you understand the choices you have, what course of actions you can take, the benefit and risk of each action as well as advice you whether your case is weak or strong. Do remember, your rights in sexual harassment laws allow you to involve your union, file a discrimination lawsuit with a government agency or file a lawsuit. However, before you file a discrimination lawsuit with a government agency, you should file a formal sexual harassment complaint with the Equal Employment Opportunity Commission (EEOC).
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