Of course.
There had been a few inroads on this common problem.
Find the right person in the department to ask for help. If it is the supervisor who is the problem, ask for help from human resources
Read on
-------------------------
Employer Liability: Hostile Work Environment Harassment
Company usually liable if it knew about but ignored situation.
In hostile work environment cases, company liability depends on who created the abusive environment-a supervisor, a coworker, or a third party such as a client..
Harassment by Supervisors
The vast majority of courts have decided that an employer is liable for hostile work environment harassment by supervisors only if it:
*
actually knew of the harassment or
*
could have learned of the harassment, and
*
failed to take immediate and appropriate action to correct it.
Strict liability, as exists in quid pro quo cases, would not make sense in hostile environment cases because harassment is normally outside the scope of the authority granted by the employer.
Knowledge of Harassment
A court will find that a company knew of harassment where, for example,
*
a person in authority directly observes the harassment,
*
the victim lodges an internal complaint with someone in authority,
*
the victim files a charge with the EEOC or a local fair employment agency or a union, or
*
the harassment is widely and openly practiced.
A court will find that a company should have learned of the harassment where, for example,
*
the harassment was blatant,
*
employees raised complaints that were ignored, or
*
managers witness enough conduct of a sexual nature to indicate that they should undertake further inquiry.
A Note About Company Policies
A court will be more likely to hold a company liable for hostile work environment harassment if the company fails to enact a sexual harassment policy or enacts an ineffective policy or fails to enforce its policy. Sexual harassment policies often are part of a company's broad-based nondiscrimination policy.
On the other hand, if the company has a policy that clearly prohibits sexual harassment, and harassment occurs but is not blatant, a victim who fails to use the internal complaint procedure may have a hard time proving that the company should have been aware of the harassment.
Companies have been charged with knowledge of harassment where
*
foremen on the shop floor could easily see that male workers posted sexual graffiti and pinups in their work areas, and they often overheard sexual overtures being made to female workers;
*
a company responded to a complaint by saying "boys will be boys"; and
*
it was known throughout the company that an interviewer was in the habit of asking applicants inappropriate sexual questions, questioning coworkers about their sexual practices, and offering to pull down his pants for them if offered money.
COMPARE The court refused to charge a company with knowledge of harassment where the victim authorized a coworker to draft a letter notifying the company, but quit before the letter was sent.
Effective Remedial Action
Liability occurs in hostile environment cases when a company not only knows of the harassment but also fails to take action to end it. The company must act promptly, and the action it takes must be effective. An effective remedy is one that will stop the harassment and prevent it from recurring. It is important to note that, in hostile environment cases, if the company takes appropriate and effective remedial action, then it can avoid liability, even if sexual harassment did occur.
2006-10-26 21:12:24
·
answer #2
·
answered by QuiteNewHere 7
·
0⤊
0⤋
Yes, there is a law that prohibits that, also, if you work in California and are in CSEA, there is a section in your union contract called the Dills Act, which is in essense a "Dignity Clause". Check with your union, personnel office or contact your Equal Employment Opprotunity conselor at work for assistance.
2006-10-26 20:55:08
·
answer #3
·
answered by hargonagain 4
·
0⤊
0⤋
Please politely enlighten him
on the right behaviour first.
Ask him to behave himself.
Try to change the situation.
If nothing works, please
resort to the Conduct Rules
and make complaint to
higher authorities with enough
care for no backlash. This will
tune him up. When people
stand together, the situation
changes!!
2006-10-27 04:31:36
·
answer #4
·
answered by Vijay 2
·
0⤊
0⤋
Vulgar language? Government? What did he say to you? The 'W' word? Work? How dare he!
2006-10-26 20:58:52
·
answer #5
·
answered by Anonymous
·
0⤊
0⤋