Sexual Assault and Sexual Harassment Lawyer

Sexually abusive behavior may be divided into several subcategories: sexual assault and sexual harassment. Both forms of sexual abuse are serious matters and should not be tolerated. Oftentimes, the parties at fault in these situations are not only the people being sexually abusive, but those supervising who allow such behavior to occur as well.

Sexual assault involves forcibly causing another person to engage in an unwanted sexual act. Force used may be physical or verbal and involves knowledge on the part of the offending party that the act is unwanted. Sexual harassment, while painful, is more difficult to categorize than sexual assault. According to the Nevada Equal Rights Commission (NERC) sexual harassment is defined as follows:

“Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance or creates an intimidating, hostile or offensive work environment.”

Both sexual harassment and sexual abuse may result in civil liability on the part of those offending as well as those in a position of authority who allow sexual abuse to persist.

The Nevada Equal Rights Commission (NERC) offers the following information on sexual harassment:

Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964.

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.

It is helpful for the victim to directly inform the harasser that the conduct is unwelcome and must stop. The victim should use any employer complaint mechanism or grievance system available. When investigating allegations of sexual harassment, EEOC looks at the whole record: the circumstances, such as the nature of the sexual advances, and the context in which the alleged incidents occurred. A determination on the allegations is made from the facts on a case-by-case basis. Prevention is the best tool to eliminate sexual harassment in the workplace. Employers are encouraged to take steps necessary to prevent sexual harassment from occurring. They should clearly communicate to employees that sexual harassment will not be tolerated. They can do so by establishing an effective complaint or grievance process and taking immediate and appropriate action when an employee complains.

What is sexual harassment on the job?
Examples of sexual harassment
Is there a lot of sexual harassment?
Is sexual harassment on the job unlawful?
What should you do about sexual harassment on the job?

What is sexual harassment on the job? Sexual harassment on the job can range from blatant physical and verbal aggression to gentle patting and subtle coercion by persons seeking sexual favors. Individuals on any job can be victims of such unwanted sexual attention.

Examples of sexual harassment

• A woman employee accepted a lunch invitation from her male supervisor to discuss a possible job promotion. At lunch he made it clear a sexual relationship with him was a necessary part of the new job. When she attempted to leave, the supervisor threatened to punish her and later she was demoted and received unfavorable job evaluations.
• A male assembly line supervisor “welcomed” a new woman worker by making sexually suggestive comments to her and touching her in sexually aggressive ways. She complained to her foreman who told her to consider the supervisor’s action as a compliment. After repeated complaints, she told was she would lose her job if she continued to complain.
• A female state employee complained that her supervisor threatened to deny her a promotion if she didn’t give him sexual favors. Testimony given during an internal departmental investigation revealed that more than a dozen other women were victims of similar threats from the same supervisor.

Is there a lot of sexual harassment? Like rape, most sexual harassment goes unreported because the victims are somehow made to feel ashamed of what has happened to them. They are afraid that other people will say “they asked for it” or that no one will believe them or they wont be able to prove it and will be branded as “trouble-makers”. Rather than face embarrassment and retaliation, many victims who are lucky enough to transfer or get a new job elsewhere, quietly leave without saying anything. This leaves the harasser free to victimize others.

Is sexual harassment on the job unlawful? Yes, Federal and state laws prohibit sexual harassment in the workplace. However, victims of sexual harassment outside places of employment may not have the same protection. The Nevada Equal Rights Commission’s jurisdiction of equal employment includes some of the strongest provisions in the nation. These provisions make it unlawful practice of an employer:

Title VII of the 1964 Federal Civil Rights Act contains similar provisions. Court cases challenging sexual harassment are relatively new and have not been decided uniformly. Court opinions in this relatively new area of the law may vary. State and other laws prohibit retaliation against individuals who file complaints. Victims don’t have to fight sexual harassment by themselves. The Nevada Equal Rights commission and other organization can help.

What should you do about sexual harassment on the job? Individuals should not ignore harassment or blame themselves, even though this is a normal reaction. Nor should they think harassment is a joke or an accident since experience shows that the harassment will continue or increase if it is ignored. Instead, a person should respond immediately and directly to the offender to indicate that the behavior or remark is not acceptable.

• Say no to the offender. Make it clear that you do not approve of his or her actions. Any evidence that you went along could lessen your chance of success in a formal complaint procedure.
• Tell them any repetition will be reported to their boss. When the unacceptable behavior happens again, speak with their boss and or other appropriate employer-employee representatives-such as an equal employment opportunity officer, affirmative action officer, union shop steward or other union officials. Write a follow-up memo to the person with whom you spoke and keep a copy for yourself so you will have a written record of the conversation.
• If the harassment continues to occur, keep a log with dates and times of the remarks and behavior that you consider offensive. Keep a record or any memo or complaints; if you decide to bring charges, these items will aid in accurate testimony. Whenever possible, try to get other people-both men and women-as witnesses to your harassment. Other persons could be victims as well and can help in taking join action against your harasser.
• Seek early advice from fair employment enforcement agencies or women’s right agencies. Know your rights so you can best protect them. Learn about the limits imposed by some courts and what actions would be considered unlawful retaliations by your employer and harasser.

Find Out If You Have A Sexual Harassment Case

Victims of sexually abusive behavior should have a competent attorney representing them.  Parker Scheer Lagomarsino attorneys have successfully negotiated and tried dozens of sexual assault and sexual harassment cases.  For more information on sexual assault and sexual harassment, or to find out if you have a case, contact us for a free confidential case reviewand receive a response within hours, or call toll free 866-414-0400. If you need a lawyer outside of Nevada, contact us for a referral.

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