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The American Psychological Association estimates that
71 percent of working women will be subjected to
sexual harassment during their working careers. Sexual
harassment in the workplace is a violation of both
federal and state law.
What constitutes sexual harassment? Is asking a
co-worker out for a date sexual harassment? Sexual
harassment may include:
- Unwanted advances or propositions of a sexual nature
- Derogatory comments about a person's body, appearance
or sexual activity
- Physical conduct, including assault, or a physical
interference with normal work or movement
- Visual harassment, such as leering looks, offensive
gestures or derogatory cartoons or drawings
- Conduct that shows hostility based on a person's sex,
even if the conduct is not of a sexual nature, can
still be considered sexual harassment. An example of
this would be if a male supervisor stated publicly
that," women do not belong in the work place."
Title VII of the Civil Rights Act of 1964, and its
amendments, afford employees the right to work in an
environment free from discriminatory intimidation,
ridicule, and insult. This law establishes a clear
policy against sexual harassment in the workplace.
Moreover, the laws are clear that an employer is
required to take adequate action to eliminate sexual
harassment from the workplace and to take steps to
prevent current and future occurrences.
Reasonable steps that an employer may take to prevent
harassment may include:
- Affirmatively raising the issue of harassment
- Expressing strong disapproval of harassment
- Developing sanctions for harassment
- Informing employees that they have rights when it
comes to harassment and educate them on what to do if
such events occur
- Educate all employees on what constitutes harassment
The claim of sexual harassment can take two forms. The
first is a person being subjected to a hostile
environment because of conduct by another, which
creates an abusive working environment. The second
form is known as "quid pro quo," which requires proof
of an economic loss before your claim can be
successful. These losses may include firing, a failure
to receive a raise or promotion, or other direct loss
of remuneration in the work place.
Sexual harassment claims:
- generally arise out of an employment or professional
(i.e. therapist/patient) relationship.
- can be brought by either male and female employees,
applicants for employment or independent contractors.
- can involve harassment by the same sex.
- can be brought by an employee who was not directly
harassed, but who found that their work environment
became hostile or uncomfortable because of harassment
to another, in the same workplace.
To prevail in a sexual harassment claim, the plaintiff
must prove that the sexual harassment was severe or
pervasive enough to alter working conditions and to
create an abusive environment. A plaintiff must show
that a reasonable person would have considered the
same conduct as severe or pervasive. The more severe
the conduct, the less it has to be pervasive.
Considerations include frequency of the conduct,
severity of the conduct, physically threatening or
humiliating conduct, and conduct which interferes with
work performance.
Successful claimants in sexual harassment cases may be
entitled to recover damages for medical and
psychiatric expenses, wage losses, and damages for
emotional distress and punitive damages. A plaintiff
may recover punitive damages (damages awarded to
punish) from the employer if it is proven that the:
- employer hired or retained a harassing individual
even though the employer was aware of their actions.
- employer encouraged or approved of the wrongful
conduct.
- employer was personally guilty of oppression, fraud
or malice.
If you believe that your rights have been violated,
you should contact an attorney immediately. In order
to succeed in this type of case, it is usually
unnecessary to prove that you have been
psychologically damaged or suffered economic loss
(such as being fired). All that is necessary is that
you have perceived your workplace to become a hostile
or abusive one.
Success in sexual harassment cases has become far
easier to achieve over recent years. By contacting an
attorney, you may be able to recover substantial money
damages for the losses and pain and suffering that you
have endured.
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NY
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