3 Ways You are Being Sexually Harassed and Didn’t Know
posted by Daniel Stevens | Sep 4, 2018 11:57 AM [EST] | applies to California
Every day a Sexual Harassment Lawyer is called regarding questions about sexual harassment that took place at an employee’s work. Although it is an unfortunate matter, the fact remains that sexual harassment is still a recurring problem in the workplace. Employees may be aware of the common forms of sexual harassment such as cat-calling or unwanted touching, but there are other ways that employees may fall victim to sexual harassment. It is essential for employees to know what other ways in which they may be sexually harassed at work so that he or she may be able to identify situations where their rights are being violated.
1. Let me take you out to dinner
Although an invitation may seem harmless, it can also be considered as sexual harassment. Asking a person at work out on a date or perhaps out for a drink outside of work may especially be considered sexual harassment if there are multiple and frequent invitations. By an employee telling their coworker or manager that he or she is not interested in exploring a romantic relationship with that person may be an aggravating factor. If an employee has said no and or explicitly expressed their disinterest in having a romantic or physical relationship with the other employee or manager, then this may baluster a sexual harassment claim. An employee can feel like they are being harassed if he or she is invited on numerous occasions and on a constant basis to spend time with another employee outside of work which makes he or she feel uncomfortable. A Sexual Harassment Lawyer in this kind of situation would gather all the times, dates, and context of a situation like this and would likely determine that there is a potential sexual harassment claim worth perusing. For example, Tony was an employee at a Mexican Bar and Grill. His Manager Stacy asked him to join her for drinks after work. Tony believed this to be an invitation to all staff members and went to the set location after his shift. To Tony’s astonishment, Stacy was the only staff member at the bar. Feeling uncomfortable, Tony left. After that night Stacy asked Tony several times to join her for drinks after work. Tony declined and informed Stacy that he was not interested in her romantically and did not feel comfortable being alone with her outside of work. For several weeks Stacy remained persistent in her pursuits as she continued to ask Tony to spend time with her outside of work and also began pestering him as to the reasons why he refused. Here, Tony may have a sexual harassment claim against his employer because his manager Stacy continued to ask him out on several occasions. This also made Tony uncomfortable because he was not interested which he expressed verbally to Stacy. In this situation, Tony’s next move may be to make a formal complaint against Stacy to the Human Resources Department. If the Human Resources Department does not remedy the issue such as scheduling Tony during a different shift than Stacy and or disciplining Stacy, Tony may need to contact a Sexual Harassment Lawyer.
2. Everyone is talking
Did you know that spreading rumors may be considered as a form of sexual harassment? Although it may not be the most common or discussed deliverance of sexual harassment, rumors that are of a sexual nature may be a means of isolating an employee by singling them out and humiliating them based on fictitious stories that are of a sexual nature. For example, Willow was an employee at a real estate agency. Recently Willow was awarded a promotion that many other employees had applied for but were not selected. Willow was more than qualified for the position and had been at the company longer than the other applicants. After she was moved up in the agency, Greg and Lisa, began spreading rumors around the agency that Willow had performed sexual favors for their boss in exchange for the promotion. These rumors spread like wildfire around the office as Greg and Lisa fueled the flames by adding graphic details to the story. Willow was mortified and found it difficult to work because she was being treated adversely by her coworkers. She made a complaint to the agency’s Human Resources Department. Here, because the rumors that were being spread were of a sexual nature, Willow may be categorized as a victim of sexual harassment. The Human Resources Department would need to take reasonable steps to prevent further sexual harassment from occurring. If no steps are taken to remedy the issue, Willow would need to call a Sexual Harassment Lawyer to discuss what she would need to do next in this situation.
3. Hey, check this out!
Aside from checking someone out by giving the person an up and down stare, showing someone a video may also be considered as sexual harassment. An employee can be made a victim of sexual harassment through visuals such as pictures, photos, videos, cartoons, or gestures. These types of visuals become sexual harassment when they are of a sexual nature. For example, Bob worked on the sales team at a car dealership. Recently he played tennis with a group of employees from the dealership. After the game, the men showered in the tennis court locker room. While Bob was drying off, one of his coworkers took a photo of his buttocks and sent it in a mass text to everyone on the entire sales team. Here, not only was Bob sexually harassed, but the other employees who received the photo may also have a claim in sexual harassment due to this visual. Another example may be if an employee shared a video link of a pornography site via a work email.
By expanding their knowledge on the subject of sexual harassment, employees may be more aware of their employee rights which will aid in their understanding of when those rights are being violated. Informing more employees of their rights may not put sexual harassment to a stop but it is a step towards decreasing its prevalence.
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