Determining whether sexual harassment has occurred in the workplace depends on several factors. Generally speaking, any kind of sexually suggestive comments or actions are considered harassment if they are unwanted and uninvited. If you are uncertain about whether your situation is harassment, a sexual harassment lawyer can review your case and help you determine if you are a victim.
The seriousness of sexual harassment in the modern workplace cannot be ignored. Studies have shown that at least 25 percent of women have experienced sexual harassment at work. It has also been established that the number of men experiencing workplace sexual harassment is on the rise as well. Sexual harassment at work affects both employees and employers. For instance, it can be detrimental to the employee’s financial, mental, and physical well-being. On the other hand, sexual harassment can cost employers in terms of legal costs and reduced productivity. Below are some recommendations that you can count on to address workplace sexual harassment.
Your time at your workplace should be about productivity, not about dealing with unwanted requests for sex in the workplace. If your co-workers or boss is making inappropriate comments or sexual advances at you then the law is on your side. There are safeguards in place to prevent you from sexual harassment in the workplace. These protections protect people regardless of gender and regardless of who approaches them with an unwelcome request for sex at their workplace.
A person experiencing unwanted sexual advances is forced to live life constantly looking over their shoulder and feeling uncomfortable in social situations. While this type of sexual harassment is against the law, reporting it still requires the same sort of evidence you would need to report or prosecute any other legal claim. Without evidence, it can be extremely difficult to get a civil court to take your case seriously.
There are legal protections that are meant to safeguard against sexual harassment in the workplace or in educational settings. However, many people are unclear about what constitutes sexual harassment, leading them to put up with unwanted attention or quit their job.
While it is assumed that everyone wants to work together to help the company find success, some people are more interested in their own personal desires than the needs of the company. Aggressors who make unwanted sexual advances during work hours are not only damaging the company’s workplace harmony, but they are also significantly harming their victims.
A worker should be able to do their job and build their career without having to deal with sexual harassment in the workplace. When a member of the management team is the one who is making unwanted sexual advances or innuendos, then that can create a toxic work environment. If you got fired because you rejected your supervisor’s sexual advances, then you should exercise your civil rights.
When someone slips and falls on liquid spilled on the floor of a department store, their first inclination may be to sue the store. But that lawsuit will not stand if it can be proven that the spill had just happened and the store did not have time to respond. The victim assumed that the store was liable, but that assumption could be wrong.
When discussing sexual harassment as it applies to sexual advances, a similar argument regarding intent is important. It is very easy to misinterpret a statement someone makes or misunderstand their intentions. Once it is confirmed that there has been a sexual advance, the aggressor should be informed that the advance is unwanted. An aggressor’s response to an unwanted sexual advance is where sexual harassment may come into play.
The criminal sexual conduct code in New York State is very specific in how it defines the various degrees of criminal conduct. Most people think that only lawyers should understand criminal codes, but that is not true. Business owners, managers, supervisors, and a wide variety of people in positions of authority should be familiar with what constitute criminal sexual conduct in the first degree.
Prior to the federal Civil Rights Act of 1964, the rights of individuals to be themselves without fear of retribution from others was a little dubious. In the corporate world, the gender gap in terms of pay and opportunities was well known, but little was done to put a stop to it. When the Civil Rights Act of 1964 was passed, many states passed their own laws to help add more layers of protection. Within those laws are provisions for people who attempt to protect their civil rights but are victims of retaliation.