Sexual Harassment What The Law Really Says
Nearly everyone knows that workers in the Unites States have legal protection against sexual harassment at work. Sexual harassment falls under personal injury law practiced by a personal injury attorney who specializes in sexual harassment, also called a sexual harassment attorney. What most employees dont know is exactly what the written law regarding sexual harassment says.
The text from the latest revision (July 1, 2009) from The Code of Federal Regulations regarding sexual harassment and employer discrimination applies to employers with fifteen employees or more, and reads as follows:
CHAPTER XIV–EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Sec.1604.11 Sexual Harassment.
Harassment on the basis of sex is a violation of section 703 of title VII. \1\ Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.
The EEOC (Equal Employment Opportunity Commission) summarizes the aforementioned code by broadening the definition of sexual harassment to include not only harassment of an employee or applicant that is overtly sexual, but harassment such as making repugnant comments about a persons sex or even saying negative things and generalizing about an entire sex.
In addition to the protection afforded by the Federal Government, each state has its own laws governing sexual abuse at work. In the State of California, State law based on the California Fair Employment and Housing Act, known as FEHA, also protects workers.
The FEHCs summary of sexual harassment is divided into three subcategories as follows:
1) Verbal sexual harassment: sex jokes, comments or slurs, comments about ones body and suggestive or obscene language in addition to outright propositions and advances
2) Physical sexual harassment: physical interference (blocking movement) or stopping work in addition to unwanted touching, rubbing, and assault.
3) Visual sexual harassment: leering, performing lewd gestures and posting photos pictures or cartoons of a sexual nature.
Because the statute of limitations may vary according to state, dont hesitate to contact a sexual harassment lawyer if you have experienced or are experiencing sex harassment at your place of employment.
R. Klettke is a freelance writer. He writes about personal injury and medical malpractice law and other matters of jurisprudence.
Note: This article is not intended to provide legal advice upon which you should rely in making any decisions regarding the instituting or prosecuting of a legal claim. Laws and rules relating to the bringing of a claim vary widely from state to state. You should always contact a personal injury attorney to obtain information as to the rules and the laws pertaining to any claim you might have.