Sexual Harassment

Last Updated: Saturday, June 8, 2013

Introduction

Sexual harassment is a serious offense and is treated as such by the penal system. As such, there are now sexual harassment laws on the books in every state. Charges may successfully be brought against an employer whenever a decision as to whether to hire, promote, fire, lay off, or minimize working hours of an employee are based on a condition of offensive or unwelcome sexual behavior.

It is also unlawful for a boss, supervisor, or manager to permit a sexually charged work atmosphere to exist or perpetuate to the extent that it interferes with an employee's basic ability to perform her or his job.

Some Examples of Sexual Harassment

Any verbal or physical contact that is considered offensive to an employee can be deemed sexual harassment. This type of contact can include whistling, groping, leering, or the use of profanity or sexual innuendo in the workplace.

Sexual harassment charges can also arise against those who create a workplace atmosphere that fosters a hostile, intimidating, or offensive environment, such as suggestive or outright pornographic photographs hanging on a wall.

A more exhaustive list of common forms of workplace sexual harassment includes:

  • Addressing co-workers with terms of endearment such as "baby," "honey," "hunk," "chick," or "dear";
  • Cat calls, whistling, or obscene gestures;
  • Comments regarding the physical appearance of a co-worker or about their bodily movements;
  • Deliberate physical contact, such as bumping into or leaning against a co-worker;
  • Inappropriate grabbing, groping, or touching of a co-worker's body or clothing;
  • Intrusive or sexually suggestive questions about a co-worker's personal life;
  • Neck, back or shoulder massages;
  • Repeated requests and/or demands for dates or sexual acts;
  • Sexually suggestive telephone calls, voice-mails, or e-mails;
  • Telling of obscene off-color or dirty jokes or making lewd comments;
  • Transmission of pornographic materials or sexually explicit photographs.
Employers are directly responsible and may be held strictly liable for any acts of wrongful conduct involving workplace harassment. This includes the actions and behavior of their subordinate managers and supervisors, without regard for whether the employer had knowledge of any unlawful behavior.

Defending Cases Of Sexual Harassment

Sexual harassment is more than a private nuisance. It is a federally protected unfair labor practice.

The lawyer you retain should possess experience and knowledge of workplace harassment on both the federal and local level. Your chances at any future employment, especially in the public sector, depend heavily on the outcome of your case.

If you have been charged with sexual harassment or if you believe an arrest is imminent, please contact the experienced attorneys at the Law Office of Zaire & Wade today.

We can be reached 24 hours a day via e-mail.

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