Sexual harassment at work is an act of unwelcome sexual advances, physical or verbal conduct that is of a sexual nature. This is considered a discrimination of employees based on their sex and is a violation of Title VII of the Civil Rights Act of1964.This is a federal law that protects employees from any discrimination based on colour, national origin, race, religion or sex.
Title VII protects all employees that is both men and women. It is important note that both men and women can be victims of sexual harassment and harassers are not always of the opposite sex. A woman can be sexually harassed by another woman or a man by another man.
Request for sexual favors, unwanted sexual advances or any other verbal or physical acts of a sexual nature make for a hostile work environment when the conduct creates an intimidating work environment and unreasonable interference with the employees work performance. In court, several key factors will be used to determine if work environment was hostile;
This occurs when an employment decision is based on your submission to a sexual harassment request. The employment decision can be a promotion, an assignment, increased salary or even keeping your job.
Quid pro que consists of requests for a sexual favour that is implied physically or verbally when (1) submission to the request is made as a term of employment. When (2) rejection or submission to the requests is used as a basis to make employment decisions.
Here is a description of behaviour at the workplace that is considered to be of a sexual nature. The list is not all-inclusive but should give you a better understanding of what is deemed as unwelcome conduct of sexual harassment:
Unwanted statements of a sexual nature: Sexual comments about one’s physical attributes, sexual jokes, talk in front of others about one’s sexual activities, circulating sexual material, pictures or drawings. Unwanted sexual statements can be in the form of electronic mail (blog, web pages, instant messaging and e-mail), written or otherwise.
Unwanted attention: Pressure to go on a date that has a romantic intention to it, for a sexual favour, personal interaction, telephone calls, letters or visits.
Unwanted physical advances of a sexual nature: Hugging, touching, kissing, fondling, intercourse, sexual assault or any other sexual activity.
If you feel that are being sexually harassed at work, and you want to sue, then let us take care of it for you. At Fresno, we have dealt with labour laws long enough to know how to uniquely handle your case. We understand that each and every situation is different and we guarantee you our best services at your disposal.
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