Sexual harassment is unlawful gender discrimination under Title VII of the Civil Rights Act of 1964. Though these laws have been enforced decades ago, gender discrimination and sexual harassment continues to be a grim reality until now.
Cases filed against sexual harassment at workplace alone were around 12,000 in 2010. These cases included everything from demanding sexual favors in exchange for employment to using coercion to give in to the sexual demands of co-workers to creating a hostile/stressful environment for hampering work productivity. This is where sexual harassment lawyers come into the picture and they know how to navigate through this trying process.
How to Identify Sexual Harassment
The line between humor, harmless flirting and sexually offensive behavior can be thin at times. There can be a lot of ambiguity about what comes under the purview of sexual harassment. It can occur in many forms without the victim even realizing that he/she is being subjected to harassment. It can be subtle, obvious or develop a specific pattern. Here is a rough guide to pin down what constitutes sexual harassment.
In general, language of an explicit or offensive sexual nature or remarks directed at a person which are sexually offensive can be classified as sexual harassment. Under specific circumstances, physical and/or verbal actions that are innately sexual in nature can also be termed sexual harassment. If you need some valuable information on this front, click right here: http://employment-law.usattorneys.com/.
In an employment scenario, if accepting or rejecting a person’s overtures or other sexual advances/proposals/requests has a direct negative bearing on the work environment (creates a hostile working environment for the victim); a sexual harassment claim may be filed. You should have a sexual harassment attorney by this point in time.
The gender of the victim is irrelevant when it comes to sexual harassment. Men can also be victims of sexual harassment acts. The number of sexual harassment charges filed by men at the EEOC has increased from 12% in 1997 to 16% in 2010. Cases can also comprise same sex sexual harassment. Another important aspect of sexual harassment cases is that any person affected by the offensive conduct of the harasser can be the victim and not just the person to whom the offensive behavior is directed.
Initial Steps for Taking Action against Sexual Harassment
The first step after identifying sexual harassment is to begin with the source. The harasser can be informed in a polite yet assertive manner that their behavior is offending and unwelcome, and should not continue anymore. This can discourage several harassers, who may not even realize that their conduct can be offensive to another person. There are other reporting systems where the matter can be escalated if it doesn’t stop here.
If its workplace sexual harassment, several companies have a reporting and charge filing system in place where instances of sexual harassment can be reported. The HR representative or department can be contacted about the same. If it doesn’t get resolved at this stage, the victim may ultimately have to take up the matter with a local or state enforcement agency.
The Role of Legal Pros
Cases of sexual harassment can be tricky to tackle, and may require the expertise and talent of outstanding sexual harassment lawyers who can be found on this acute legal website if you press right here. A solid case, if any exists, has to be identified. Subsequently, a case has to be built using the right testimonies and documentary evidence, which are best left to professional legal minds.