Employment Law

Sexual Harassment

Sexual harassment of job applicants and employees in the workplace is illegal. Sexual harassment involves any unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. Here are some examples:

• Unwanted physical contact
• Sexual comments or jokes
• Demands or expectations of sexual favors
• Creating a hostile work environment
• Sending sexually suggestive emails, texts, or messages
• Sharing inappropriate images or videos online through work platforms or personal accounts directed at a colleague
• Making unwanted advances or comments through online communication platforms used for work purposes

Conduct or behavior is considered unlawful when it leads to:

No Adverse Tangible Employment Action: 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.

Tangible Employment Action: This includes actions like being fired, demoted, or reassigned to an undesirable position.

Retaliation

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” – i.e. engaging in or exercising a right that is protected by law. Protected activities include:

• Filing a workers compensation claim or lawsuit
• 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 manifest in various forms, ranging from subtle to overt actions. It may involve the discharge or termination of employment, suspension, or demotion. Employees might find themselves being passed over for promotions or raises, denied opportunities, or facing salary reductions or loss of hours. Other forms of retaliation include reassignment to less desirable positions, receiving negative job reviews or appraisals, and even immigration-related threats. These actions can significantly impact an individual’s career and well-being.