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Sexual Harassment in Kentucky
Sexual harassment is a form of sexual discrimination, as defined by Title VII of the Civil Rights Act of 1964. Sexual harassment includes any unwanted and unwelcome sexual advances, both physical and verbal in nature, and directly affects an employee’s ability to perform in a work environment by making the job site hostile and intimidating.
Acts of sexual harassment can range from mild to severe and can be a one-time transgression or prolonged series of behaviors. While there are different types of behaviors that can constitute sexual harassment in Kentucky, the main factor connecting them together is that they are unwanted. A victim must make it clear to the harasser that they do not welcome their conduct and wish for them to stop immediately. if the harasser doesn’t cease their actions, the victim may take legal action if warranted.
Examples of Sexual Harassment
There are several types of sexual harassment incidents that can range in severity and frequency. Below are some of the most common behaviors that victims can encounter at the workplace:
• Lewd joke or comment about someone’s appearance, body, sexual orientation, sex life
• General comment that is sexual in nature and offensive
• Sending emails containing sexual content in writing or pictures
• Blocking someone’s path physically
• Inappropriately touching someone without their consent (i.e. hugging, kissing, fondling or groping)
• Repeatedly asking someone out on a date or for sexual favors
• Quid pro quo sexual requests (offering something to the victim in exchange for sexual favors)
• Physical attack against a victim (i.e. rape or attempt at rape)
Victims of Sexual Harassment
Although the majority of sexual harassment victims are women, in reality, anyone can be the victim of sexual harassment. victims can be of any gender, race, ethnicity, age, religious background or sexual orientation. In addition, the harasser and the victim may be of the same gender.
While most victims of sexual harassment are directly involved in the harassment, whether they be the subject of a joke or physical attack, the incidents do not have to involve an individual in order to be construed as sexually offensive. A victim can be a co-worker who overhears a lewd comment or sees a vulgar picture and finds the incident offensive, leading them to file a formal complaint against the perpetrator.
Kentucky Laws Against Sexual Harassment
It is unlawful under both Kentucky state law and federal law to deny a person an employment position, demote them, fire them, give them a poor performance review, or any other matter directly affecting a person’s job because the individual rejected sexual advances. Any behavior that directly affects a person’s position in this sense can be constituted as sexual harassment and is illegal.
It is also illegal to retaliate against an individual who has filed a sexual harassment report or who cooperates with a sexual harassment investigation. Employers in Kentucky are responsible for investigation all sexual harassment allegations and ensuring they are kept as confidential as possible. In addition, any person accused of sexual harassment must cooperate with the investigation process and answer any and all questions truthfully.
Under Kentucky state law, an employee has 180 to file a state sexual harassment claim form the date of the last incident. However, a federal claim may be filed within 300 days of the most recent sexual harassment incident. Victims are urged to come forward as soon as possible to ensure that their cases will be tried.
Working with a Sexual Harassment Lawyer
In addition to filing a complaint on their own, victims are encouraged to solicit the help of a leading sexual harassment lawyer in Kentucky y to ensure that their case runs smoothly and ends with the best possible outcome. Sexual harassment attorneys fight for the rights of all sexual harassment victims and work diligently to ensure the perpetrator is held accountable for their crimes.
Although all victims of sexual harassment are entitled to receive help, many victims do not come forward out of embarrassment or fear that the offender will retaliate or make matters worse at work. However, almost always, the harasser never ceases their actions of their own accord and not talking to someone about the incident will lead the perpetrator to continue what they are doing and possibly harass someone else. Victims of sexual harassment have rights and it is illegal for their jobs to be compromised if they come forward. By working with a top team of sexual harassment lawyers in Kentucky, the victim is able to stop the harassment from happening again, either to themselves or to someone else.
Speak to a skilled sexual harassment attorney in Kentucky right away to ensure that the perpetrator is brought to justice and the work environment is made safe once again.