Sexual Harassment - Overview
Unwelcome sexual behavior in the workplace is a common problem. When a supervisor, manager, or owner of a company makes demands of a sexual nature on an employee, whether it is a sexual advance, a request for sexual favors, or a threat that if they do not cooperate their job would be in jeopardy, all form the basis for a lawsuit. This type of unwanted and offensive behavior violates Title VII of the Civil Rights Act . In lawsuits for sexual harassment, damages are sought for the emotional distress and other recoverable damages. Both men and women can be a victim of this very distressing discrimination.
Attorney Robert Klein talks about sexual harassment at work in a video clip. [click to watch]
If you have been the victim of such unwelcome sexual behavior, it is important to make a written report to your HR department or to management, detailing what was done or said, where and when it happened, and how often it was happening. Employers are duty-bound to investigate such complaints and to take remedial action to eliminate a hostile work environment. Should an employer fail to investigate and take remedial action, or worse, if the employer retaliates against the employee/victim who has complained of the harassment, the employer faces liability for significant monetary damages.
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Liability
Employers are responsible for the conduct of employees, including supervisors and managers. Employers also have a duty to protect their employees from harassment by non-employees. Employers are supposed to take remedial action against sexual harassment once they are aware of its occurrence. Employers are liable for sexual harassment between co-workers if they knew or should have known about it and took no steps to stop it. The existence of a company grievance procedure by itself does not automatically protect employers from liability.
In sexual harassment cases it is important that measures be taken promptly to preserve rights. If you or a loved one is a victim of sexual harassment in the workplace, call Blackman Legal Group now at 1-800-444-5602. The initial consultation is free and confidential.<< back