sexual discrimination/harrassment?

Question

I am wondering what constitutes sexual discrimination and or harrassment? And is there a time span on when you can do anything about it? Does it have to be on going or an isolated incident? What are the legal rights of the employee? If your employer was told about the incident by a witness does the employer have to do anything or does the victim have to file the complaint?

What is a "Dumb lerial ****? and do you have to be one to know one as the old saying goes? Or do you have to get a degree in lerialogoly?

What is a "Dumb lerial ****? and do you have to be one to know one as the old saying goes? Or do you have to get a degree in lerialogoly?

Answer 1

Well, a lot of questions. The law in question here is the Civil Rights Act of 1964, which prohibits discrimination based on several categories (race, sex, religion, etc.). So any discussion dealing with sexual discrimination or harassment also applies to any other category.

Discrimination and harassment are basically the same crime. If you have 15 people or more in your workplace (many states have lower minimums), you are protected under this (or state) law.

I am not sure of the time span, but you should do it as soon as possible. Employers should spell out specifically what their policy is on reporting suspected cases of discrimination and harassment. It does not have to be on going; it can be very isolated. The employer, when it is properly reported (usually your boss unless s/he is the person in question, then you go next up) has an obligation to properly investigate the complaint. It helps though if you can provide details of the alleged action, so the employer can properly investigate.

The employee is protected in that they cannot be retaliated against for reporting in good faith.

Sexual harassment usually involves performance of some sexual favor in exchange for avoiding a negative consequence or securing a positive consequence. This is quid pro quo, and can always get the company in trouble, assuming the suspect has the authority to take such actions.

However, if the suspected employee is simply guilty of unwelcome gestures, then the employer can get off the hook by meeting several conditions: (1) no averse action was taken against employee (not quid pro quo); (2) employer has a stated policy against sexual harassment; (3) employer investigates the complaint properly and takes any necessary disciplinary action.

Employers, its a good idea for this reason to make sure you have a valid anti-harassment/ discrimination policy distributed to all your managers and employees, and that you enforce this. It will save you some $$$

If the employer does not cooperate, then you can either hire an attorney and sue them or you can seek assistance either through the Federal Equal Employment Opportunity Commission or your state's similar agency. The EEOC wont cost you anything, but they are limited in their ability to seek compensation.

Answer 2

Only the victim can file the complaint but a witness can file complaint if they find the conduct objectionable thereby claiming victim status themselves. The law is pretty general about what sexual harrassment is, but most employers have policies that are more stringent. There are Federal laws agianst sexual discrimination and harrassment but there are also state laws. In general it doesnt have to be ongoing if it is severe enough to interfere with an employees ability to do their job. There can be no retaliation against a employee for filing a complaint.

Answer 3

various things can constitute sexual discrimination and/or harassment. it just depends. in some cases there is a span. but i dont think theres a span in most. some victims have came out after many years and accused one and were able to do so. others wernt able to accuse after only a couple of months of the incident. so for your answer it can be isolated or present, either way. an employee has many legal rights, protection in almost any way, restraining order, whatever. the victim has the rights ofcourse.
if the employer is told by a witness yes i would believe the employer has to report it. the victim doesnt have to complain it, some victims dont complain it for various reasons, scandals, etc. the employer has to take some sort of action.

Answer 4

If it was an isolated incident and the boss was told...he may have spoken to the individual...I believe that that is all that is required...unless a complaint was filed...If not filed and no further incidents have occur ed....it will not look good to file now...but talk to a lawyer..these are VERY state specific with regard to what is harassment....

Answer 5

anything demeaning to you sexually can be construed as harrassment. However, in order to do anything about it you must first make a formal request for the behavior to stop. do it in writing. if it continues then there is liability on the part of the company. One time beyond your request for such behavior is all it takes but you must document it. The longer that you wait to complain, the weaker position you have. Call your state dept of labor or human rights commission for more information on what to do where you live

Answer 6

Go to the EEOC website. I think it is 6 months. Keep a journal and write down the time place and who was around...get an attorney!