Basic Knowledge About Sexual Harassment in the Workplace

Sexual harassment is a form of illegal employment discrimination that pervades the workplace. It violates the rights of employees guaranteed by Title VII of the Civil Rights Act of 1964 and succeeding amendments. For many businesses and other organizations, Impeding sexual harassment and defending employees from the charges of the same, has become main goals of lawful verdict.

For the past few months, cases of sexual harassment in the workplace have been on the rise. Below are some of the basic information about sexual harassment that comes from expert professionals, witnesses, and survivors of the same:

The federal Equal Employment Opportunity Commission (EEOC) defines sexual harassment as “undesirable sexual advances, request for sexual favors and other verbal or physical conduct of a sexual nature.”

There are two identified basic types of unlawful sexual harassment according to the US Supreme Court:

• Quid Pro Quo – a Latin term which means “this for that” or “get out or put out”. This is when a manager, supervisor or a senior officer uses their power and authority to affect an employee’s work – related opportunities and benefits.
• Unfriendly Work Place - It’s an unwelcoming conduct of anyone in the workplace based on gender.

Workplace becomes sexually unfriendly based on two criteria:

• Behavior must be mistreating to the person receiving the treatment
• Behavior must be over penetrating enough to create a work place which a reasonable person would find mistreating.

In 1991, Title VII was amended for several reasons, as follows to wit:

Allow proper remedies for intentional discrimination and illegal harassment in the workplace.
To prevent employment retaliation such as poor evaluations, demotions, changing work schedules, terminations, verbal abuse and others.

Sexual harassers can be of the same or opposite sex of the employee being harassed.

Sexual harassment has expanded in different ways due to the modern technology. For an instance, sexually explicit words, exposure of pictures and other images, e-mail, texting, sex – on – phone, internet and social networks.

Handling sexual harassment allegations aims to stop the illegal offensive behavior ahead of time for employees and employers.

In some states, their federal government provided a bill that requires supervisors and managers to undergo Sexual Harassment Prevention and Training. The training includes knowledge about their federal state laws, and from identifying to remedying sexual harassment in the workplace as well as its prevention and reoccurrence.

Take note, that what is harassment to one may not be determined the same to others.

Know the employer’s sexual harassment prevention and reporting guidelines and procedures.

Every employee has their right to work in a sexual harassment free workplace.

In most states, if workplace has become a common place for sexual harassment, employers are legally held responsible even if management was not aware of the harassment. They are also expected to do a quick and remedial action to end this behavior.

If these forms of sexual harassment occur in your workplace or you have been a victim of the same, be rest assured that a beneficial settlement could be made possible on your behalf through the help and guidance of an employment lawyer.

Share |

Training Sessions for Harassment: State Mandated

Workers have the right to work at an environment free from any hostility and harassment which may affect their work.

Under employment laws in each state, workers can file complaints against their co-workers and employers who are discriminating against them and harassing them by making the work environment hostile and hinder one’s productivity.

To lessen the growing number of harassment complaints, there have been state-mandated training sessions against sexual harassment. These seminars cater to supervisors who are working for companies with at least 50 employees.

These training sessions aim to enlighten supervisors of the dos and don’ts in handling employees and acts that can constitute harassment.

It is important for employers to encourage their personnel to undergo these trainings so that they can assure other employees that sexual harassment or discrimination is not permitted in the workplace.

Share |

School Superintendent Admitted to Romance with Elementary Principal

A Mountain View Whisman School district superintendent admitted to having romantic relations with a district principal.

Maurice Ghysels did not disclose though, how long his relationship with Carmen Mizell has been going on, claiming that it’s “a personal matter.”

Carmen Mizell is the principal of Edith Landels Elementary.Both Ghysels and Mizell are going through divorces with their current spouses.

They informed the school board last July; Ghysels through a phone call and Mizell thorugh a letter.

The board then discussed the implications of the relationship including possible conflicts of interest.

The district’s action was to change the administrative structure by removing Mizell under the direct supervision of Ghysels. Her new supervisor would be Superintendent Mary Lairon, who incidentally is reporting directly to Ghysels.

There is no policy concerning personal relationships but the board admitted to at least avoiding it in practice.

Here is an example of what we can use to differentiate sexual harassment from sexual misconduct.

There is no basis for a sexual harassment in this case since Ghysels never created a hostile working environment and Mizell never claimed to have received unwelcome sexual acts.

However, since Ghysels engaged in a sexual relationship with a subordinate, there may be cause for sexual misconduct.

Sexual misconduct though is not illegal in nature, but it is often against professional codes of ethics.

If the board had a policy for this, then it could have caused him his job.

But since the board admitted that there is none, they will just have to be content in frowning upon the act and make moves to avoid conflict of interests.

Otherwise, if they fire Ghysels, it may be a cause for a wrongful termination lawsuit.

Share |

Fighting Sexual Harassment Successfully

Generally, under the law, there is a case of sexual harassment present the following elements, to wit:

• Unwelcome sexual advances
• Requests for sexual favors
• Other verbal physical conduct of sexual nature

They should be established in order to have a clear case of sexual harassment. Absent any of the above-mentioned elements would prove fatal to the sexual harassment claim.

However, the strength of the claim, needless to say, should start from the very beginning – the investigation, which the complainant must be prepared lest his/her complaint will be rendered inutile.

Investigation may consist of questions and answers. In all probability the complainant will be asked the following, to wit:

1. Who harassed you
2. What did he/she do
3. When did he/she do it
4. Where did it happen
5. Were there any witnesses
6. Who did you tell
7. Who else has been harassed
8. What did you do
9. What do you want done
10. Would you like to see a counselor

In 2007 alone, the EEOC recorded at least 11,592 sexual harassment charges and recovered a staggering $49.9 million in monetary benefits for the victims and other aggrieved individuals. The amount doesn’t even include monetary benefits obtained from litigation.

For the victims of sexual harassment who wanted to seek justice and vindication for what happened and what will eventually happen to them, immediately contact a professional whose expertise consists of handling sexual harassment claims, successfully that is.

Share |

Firefighters fighting for a Sexual discrimination lawsuit

Firefighters are generally regarded as tough, macho heroic men. But as human as they are, they can be sensitive and offended some times.

Four San Diego firefighters filed a sexual harassment lawsuit very recently. They alleged that they were exposed to sexually-charged scenes and lewd comments after they were made to participate in the last year’s gay-pride parade.

It is rather an unusual jury case and an unprecedented case, I believe. But I think what really drives these firefighters to institute an action of sexual harassment is when after they brought the matter to their superiors, they were allegedly “mistreated” and continued to receive offensive remarks.

This is a lesson to learn for the employers to take sexual discrimination complaints rather seriously.

Because of this, what could have been a joyous celebration for the members of the third sex was tinted with another controversy, only this time it was the heterosexuals who cried harassment.

These firefighters, if they won the lawsuit, may recover compensation for damages, attorney’s fees and court costs, if adjudged proper.

Share |

Sexual Harassment Symptoms and Remedies

Sexual harassment as a form of discrimination is prevalent in many workplaces around the country. In some instances, many of the victims in these cases fail to recognize signs of abuse, which sometimes cause delay in the filing of suit against the abuser.

Unknown to many, the following acts may constitute sexual harassment:

• Unwelcome sexual advances

• requests for sexual favors

• other verbal or physical conduct of a sexual nature

Not only is sexual harassment a form of discrimination, but it is counter-productive as well, as it creates a “hostile work environment” that could affect the quality of work of an employee.

The article, Hostile Work Environment Sexual Harassment, posted on July 27, 2008, provides information on the damaging effects of these acts. According to the article, a sexual harassment act may “alter the work environment and create an abusive workplace”.

Sexual harassment can occur in a variety of circumstances, including but not limited to the following:

• The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex

• The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee

• The victim does not have to be the person harassed but could be anyone affected by the offensive conduct

• Unlawful sexual harassment may occur without economic injury to or discharge of the victim

• The harasser's conduct must be unwelcome

In California, a statute was specially created to help victims of sexual harassment. Title VII of the Civil Rights Act of 1964 includes sexual harassment as a form of discrimination and provides protection for harassed workers.

In situations where a worker or employee is confronted with harassment of this nature, the victim must immediately ask a harasser to stop or refrain from doing it. After that, the victim may file a complaint with the proper office.

Otherwise, with the help of a lawyer, the victim may also lodge a complaint with the Equal Employment Opportunities Commission (EEOC).

Share |

What Constitutes a Sexually Hostile Working Environment?

The worker has the right to a safe working environment. Hostile working environment opens up the employer to liability for not providing the workers with a hostile-free environment.

A sexually hostile environment is created when there is unwelcome conduct based on gender. Aside from this, two factors must also be present. They are:

1. It must be abusive to the person affected; and
2. It must be severe and pervasive as to create a work environment where a reasonable person would find it abusive.

In order to determine whether the sexual act or unwanted sexual conduct is pervasive or severe, the courts consider the following factors:

1. The frequency of the unwelcome or discriminatory act;
2. The severity or gravity of the conduct;
3. Whether the conduct was physically threatening or humiliating, or a mere offensive utterance;
4. Whether the conduct unreasonably interfered with work performance of the employee;
5. The effect on the employee’s psychological well-being as a result of the harassment; and
6. Whether the harasser was a supervisor in the organization or exercises moral ascendancy over the employee victim.

No hard and fast rule can determine whether sexual harassment creates a hostile working environment. A person asking a couple of times for a date does not constitute sexual harassment. However, touching a person in a sexually offensive manner or addressing any unwelcome comment, frequently, may constitute sexual harassment.

The only factor common to all sexual harassment cases is the fact that it is unwelcome and/or unwarranted by the victim.

Share |

Fight for Your Livelihood

Most of us spend most of our lives working. A lot of us even define themselves by the work that they do. It is usual to see people or employees stay with one employer for many years.

Necessity is usually the factor that keeps an employee tied to his employer, slaving days and sometimes even nights to keep his job security. This is why, you cannot imagine the devastation that an employee suffers if he or she is suddenly left without livelihood for reasons not of his own doing.

Wrongful termination can take many forms. It could be due to sexual harassment or discrimination due to age, race or sex. Others maybe wrongfully terminated by their employers on the ground of retaliation for whistle blowing or even due to pregnancy discrimination.

If you have been wrongfully terminated, you have the right to fight back. All you need to do is seek an expert wrongful termination lawyer like the lawyers of the Mesriani Law Group to champion your case.

If it is proven that you are actually wrongfully terminated by your unjust and iniquitous boss, you may be able to recover compensatory damages, punitive damages, back pay, front pay and costs. Also, if you have been a victim of discrimination, harassment or some form of whistle blowing, you may even recover attorney’s fees.

Share |

Sexual Harassment in the Medical Arena

Sexual harassment happens everywhere. The common form of sexual harassment is when an employer or superior in employment sexually harasses a subordinate. In the work place, there are always superiors and a great number of subordinates.

Sexual harassment does not only happen in commercial, industrial or business establishments. This civil wrong or crime can also happen within service provider establishments like hospitals, clinics and other medical facilities.

Sexual harassment cases in these establishments may involve top ranking medical practitioners, from chief doctors, to regular doctors and residents, down to the nurses and nurses’ aids, other non medical staffs and even to patients.

However, a study showed that nurses are the common victims of these sexual harassments in hospitals. The lady nurses are the common targets among the nurses who gets sexually harassed on a daily basis. Surprisingly, even patients are perpetrators of sexual harassment against the nurses.

As you know, there are two types of sexual harassment, you do not need to be a superior of the person harassed to be liable for sexual harassment. For patients or other employees of equal rank to the nurses, sexual harassment can be committed through actions or verbal harassment by maligning or throwing sexist comments to demean the person harassed. The sexual harasser need not be fueled by sexual attraction to the person being sexually harassed. It is enough that the person to whom the acts or words are directed are maligned or harassed and does not accede or find the act or deed to be abhorrent.

If you are a patient in a hospital, you should watch your jokes or innuendos towards nurses. You might find somebody who is firm in his or her conviction and file a case against you for sexual harassment. Remember, nurses and other medical help providers and their assistants are there to help and protect you. The least you can do is be civil and proper otherwise, instead of relieving yourself of your illness, you might find yourself with more headaches and in another forum not with needles and rest beds but with gavels and iron bars.

Share |