Do I Have a Sexual Harassment Case?
Are you working in a hostile work environment? If you feel that you’re being sexually harassed in the workplace, then read on. This information is provided by Salt Lake City Court Reporters and can help you determine if you have a sexual harassment case or not, and the appropriate steps to take.
You are probably wondering what steps to take first. The first thing you should do is to make sure that what you’re experiencing qualifies as sexual harassment. The Equal Employment Opportunity Commission states that unwelcome sexual advances, request for sexual favors or any conduct of a sexual nature is morally wrong, unethical and unacceptable in the workplace. Submission to, or rejection of these advances can not be used as a basis for employment decisions. Advances can not be used to create an intimidating, hostile or offensive working environment, whether these outcomes were intentional or not.
Teasing, inappropriate comments and isolated incidents of a sexual nature are not necessarily considered sexual harassment. The conduct must be severe and/or continuous and have some effect on the terms of your employment to be considered sexual harassment. This rule is in place to filter out frivolous suits for conduct that is not necessarily found hostile or abusive to most people. Flirtation that does not affect your status as an employee may not be considered sexual harassment.
This doesn’t mean that flirtation and offhand comments are okay. If you are uncomfortable, then there is a problem. Go directly to the offensive party’s superior and make a complaint in writing. It is important to have a paper trail documenting your complaints. If the situation worsens or is not resolved, then you need proof that you have gone through the proper procedures to try and end the situation. If you don’t, and things escalate, then you may not be able to recover damages if the case does go to court.
Going through your employer’s proper procedures can protect you from retaliation after the complaint is filed. Most employers have a complaint process that must be followed. If they don’t, then they could be liable for actions taken by their employees. Resolving situations with your employer is generally the best idea. You may choose to contact an attorney before you file your complaint with your employer to make sure that you are clear in your letter about what laws you think have been broken and the steps that you will take if things do not improve.
If things don’t change or get worse after your complaint is formally filed with your employer, you may want to contact the Equal Employment Opportunity Commission to file another complaint. At this point, you will need to contact an attorney that specialized in sexual harassment claims. An attorney can make sure that all the appropriate steps have been taken. This will greatly increase your chances of recovering damages if the case goes to court. The goal shouldn’t be to collect money, but to keep your job, not be retaliated or discriminated against, and to work in a healthy, respectful environment.
Tags: damages, equal employment opportunity, rejection, retaliation, working environment |
