Nebraska Sexual Harassment Law
A work environment functions best when the people who are in it are supportive and foster the well-being not just of the office itself, but of all the different individuals who work there. If you are working in Nebraska and your office is anything but comfortable due to discrimination or sexual harassment, you do have many resources to make the offensive misconduct stop so you can focus again on your work performance. There are laws at both the state and federal levels that prohibit anyone from discriminating due to someone’s sex.
According to the Nebraska Fair Employment Practices Act, employers in Nebraska are strictly prohibited from discriminating or harassing an employee due to their gender. Also protected are pregnancy and any medical conditions related to pregnancy and childbirth. The Nebraska Fair Employment Practices Act covers all companies who employ more than 15 workers. At the federal level, sexual harassment is prohibited due to Title VII of the Civil Rights Act of 1964.
There are also provisions within the guidelines that forbid any employer to retaliate against an employee who makes a claim for sexual harassment, testifies to it, assists in the charge of a claim or helps to investigate any charge of harassment.
What types of behaviors are encompassed under sexual harassment?
Misconduct of any sexual nature is prohibited in the workplace. Examples of sexually-harassing behaviors can include sexual innuendos, nonconsensual touching, derogatory remarks or degrading comments, explicitly sexual materials, and gender-based jokes.
Sexual harassment doesn’t involve just one action. It must be shown to be pervasive, systematic and repetitious. Joking with someone once does not constitute sexual harassment; repetitive remarks that are meant to threaten and intimidate do. Someone is the victim of sexual harassment if they are repeatedly offended to the extent that their work performance and comfort level in the workplace are compromised by the behaviors.
Another form of sexual harassment can be a one-time action in which a boss or supervisor makes a sexual request and makes it known either implicitly or explicitly that failure to comply can negatively affect the employee’s work status. In the same way, if the boss or supervisor requests a sexual act or favor to further your status or advancement at work, that is also considered sexual harassment, and is illegal in Nebraska.
What to do if you are being sexually harassed or discriminated against
If you are being sexually discriminated against, then you do have many resources available to make the harassment stop. The first step to take is to let both the harasser and your employer know about the inappropriate conduct and demand that it stop. There are likely procedural steps outlined in your organization about how to file a sexual harassment claim.
If you are fearful of retaliation (even though it is against the law), or you want to ensure that your position is protected, you need to hire a Nebraska sexual harassment lawyer. They will know how to complete the paperwork and guide you to protect yourself through gathering the proper evidence and documentation in case the harassment isn’t addressed or stopped.
If you have made your employer aware that the harassment is happening and they do nothing to stop or address it, then you might have to escalate your claim to hold your employer liable.
What do you need to hold your employer liable?
If you can prove that your employer both knew about the harassment and did nothing to resolve the situation, then you may be able to hold them liable for any damages that you incurred due to the harassment.
If you file a claim either at the federal level through the Equal Employment Opportunity Commission or in state court, if you can prove your case, you are entitled to having your damages covered. In sexual harassment cases, you can have both compensatory and – in egregious cases, punitive – damages paid.
You can sue for things like emotional distress as well as economic loss like lost wages, being passed over for a promotion, or even to have your job reinstated. The only way to know how to proceed with your sexual harassment suit, or if you even have one, is to consult USAttorneys.com today. They can connect you with an experienced Nebraska sexual harassment attorney who can review your case and get you the help you need to get back to work in a non-threatening atmosphere.