Employment Law

Sexual harassment of job applicants and employees in the workplace is illegal.

Sexual harassment may include:

• Unwanted touching or physical contact
• Sexual comments, jokes, or gestures
• Requests or pressure for sexual favors
• Sharing inappropriate images, videos, or messages
• Creating a hostile or uncomfortable work environment
• Sending unwanted messages through email, text, or work platforms

Harassment becomes illegal when it leads to:

• Tangible employment action, such as being fired, demoted, or reassigned
• No Adverse Tangible Employment Action: commonly referred to as a “hostile work environment,” this occurs when the harassment is severe or widespread enough to change the terms and conditions of employment, even if no direct action like firing or demotion is taken.

Most employers have rules requiring employees to report any discrimination they experience or witness to the HR department. Unfortunately, employees who follow these rules often face punishment. Unlawful retaliation occurs when an employee or job applicant faces punishment after engaging in “protected activity.” For example, engaging in or exercising a right that is protected by law. Protected activities include:

• Filing a workers compensation claim or lawsuit
• Whistleblower retaliation
• Speaking out against sexual harassment, sexual assault, or any form of discrimination
• Filing or being a witness in an EEO charge, complaint, investigation, or lawsuit
• Communicating with a supervisor or manager about employment discrimination, including harassment
• Answering questions during an employer investigation of alleged harassment
• Refusing to follow orders that would result in discrimination
• Resisting sexual advances, or intervening to protect others
• Requesting accommodation of a disability or for a religious practice
• Asking managers or co-workers about salary information to uncover potentially discriminatory wages.
• Taking lawfully entitled leave time
• Serve as a witness in a case against your employer

 Retaliation can be subtle or blatant, but may include such things as:

• Discharge or termination of employment
• Suspension
• Demotion
• Being passed over for a promotion or raise
• Denied opportunities
• Salary reduction or loss of hours
• Reassignment
• Negative job reviews or appraisals
• Immigration related threats