Federal Laws Regarding Sexual Harassment in the Workplace
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Unwanted sexual advances or requests made by an employer, supervisor or co-worker creates a hostile workplace environment where job performance suffers. This can result in financial loss due to missing work and emotional turmoil. Sexual harassment can be of a visual, physical or verbal nature and can include offensive remarks in general about a particular gender. Offenders can be men or woman and can be of the same sex as the victim. However, there are federal laws designed to prevent and prosecute sexual harassment in the workplace. - Sexual harassment in the workplace is a violation of section 703 of Title VII of the Civil Rights Act of 1964. Sexual harassment in the workplace is illegal, and it affects a person's quality of life by attacking his or her ability to be productive at work and succeed professionally and financially. Laws have been put into place to protect individuals engaged in sexual quid pro quo for job security or promotion. The law applies to both federal and state governments, public and private employers, labor unions and employment agencies with 15 or more employees. Retaliation or revenge against a person filing a complaint, testifying or cooperating in an investigation is also in violation of the law.
- An amendment to Title VII grants protection against discrimination by making the employer responsible for sexual harassment misconduct in the workplace. If a person wishes to file a formal legal sexual harassment complaint under Title VII and seek monetary compensation, the employer is made liable. The employee must either show that the employer was aware of the misconduct and did not take immediate and necessary steps to stop it or did not take preventative measures by providing a list of employee rights, creating a policy with a clear and concise set of rules and regulations regarding sexual harassment in the workplace and enforcing the policy with real consequences.
- You can file a sexual harassment complaint against your employer if you believe you are a victim of sexual harassment in the workplace by first filing a formal complaint with the Equal Employment Opportunity Commission (EEOC). In federal courts, sexual harassment suits are decided on an individual basis determined by documented facts. Record every time, date and place that the incidents occurred, if there were any witnesses or if anyone else has been harassed. Contact your human resource department in writing to find out your specific grievance procedure at work. Involve your union if you have one; they will assign you a shop steward or other acceptable representation.
- You may have only 180 days from the the first incident to file a formal complaint, with the exception of California, which allows 300 days to file. Federal employees must contact an EEOC counselor within 45 days and follow separate guidelines. Federal laws regarding time vary from state to state, so check with you local EEOC, equal rights advocate or legal organization for specifics regarding your complaint.
