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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:
to fail or refuse to hire or to discharge any individual,
or otherwise to discriminate against any individual with respect
to compensation, terms, conditions or privileges of employment,
because of such individual's sex;
to limit, segregate or classify employees in any way which
would deprive or tend to deprive any individual of employment
opportunities or otherwise adversely affect one's status as
an employee, because of such individual's sex.
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.
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 review and 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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