This type of workplace bullying includes unwanted verbal and physical advances. In the event that a person is a victim of sexual harassment, it is best to speak with an employment lawyer who can determine if the law has been violated.
Types of inappropriate sexual actions
There are two types of sexual conduct that are considered inappropriate under the law.
Something for something
The United States Equal Employment Opportunity Commission determines that this type of conduct occurs when a person requests a sexual favor in exchange for a job, promotion or other bonus. This can be express or implied by someone who belongs to the company. In this type of case, the victim, by refusing, receives negative actions against him from the labor point of view.
Hostile work environment
Harassment in a workplace does not necessarily have to be sexual solicitation. In some cases it is illegal for someone to ridicule a person because of their gender. Negative behavior can cause someone not to do her job properly. Some actions that can be considered hostile in a work environment
- Unwelcome contact from someone in the company
- Sexually suggestive media samples
- Sharing stories about sexual exploitation
- unwanted requests for sex
If a person of the same sex makes advances it can also be considered sexual harassment. It is important to note that the victim does not need to suffer employment consequences, such as losing their job or being demoted for it to be considered illegal.
Retaliation in the workplace
When an act of harassment occurs, the Equal Employment Opportunity Commission recommends that the affected person inform the aggressor directly that the conduct is not appropriate. Additionally, it is also recommended that the victim file a formal complaint with the employer.
After the complaint is made, the employer must retaliate against the employee who committed the abuse. Depending on the seriousness of the case, it can be cause for dismissal, degradation, change of schedule, among others.
Employer Liability
In the event that the employer has possible liability in the case, an attorney will investigate whether they were aware of the offensive conduct. In the event you have and did not correct the conduct, you may be held liable for the conduct of your employees. A qualified attorney advising the victim will request all documentation regarding the workplace conduct.
An attorney can help a worker who is being sexually harassed. In the event that the employer does not take action following a worker’s complaints, an attorney can notify the employer in writing. If the situation does not improve, the attorney will proceed to file a claim with the EEOC.