Are you being sexually harassed in the workplace? Are you confused about your rights? Are you concerned that if you complain, you may be fired? You are not alone. Despite the existence of laws governing this issue, many women and men continue to be the victim of sexual harassment in the workplace and need help.
First, you need to understand the law. Sexual harassment is defined as unwelcomed conduct of a sexual nature which interferes with your ability to do your job. It can include sexual comments, romantic advances, inappropriate posters or images, unwelcomed touching or looking. In any form, it is illegal and a violation of federal and state law. Employees are not required to tolerate sexual harassment in the workplace. You have rights and you should stand up for yourself.
I want to complain, but I don't want to lose my job.
Your employer is required by law to have a clear and appropriate procedures by which you can report incidents of sexual harassment. An employer's failure to have such a procedure can result in a ruling that it is liable for the harassment of its employees.
Of course, it is illegal to retaliate against anyone for reporting Sexual Harassment. Under Connecticut law, legal claims must be made within 180 days of the harassment. You should not delay to call us to help you enforce your rights.
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Sexual Harassment affects hard working women and men. It deprives them of the opportunity to work and advance their careers. It demeans them as human beings and causes real psychologial harm. It can also cause loss of income if the harassment costs them their job. No-one should tolerate sexual harassment in the workplace. Fortunately, there are laws and courts to protect employees from sexual harassment. There are also law firms like ours who are experienced in these complicated matters.
Recent Cases:
A federal court in Maryland recently allowed the case of a female employee in an electrical workshop to go forward. The employee, who was subject to name calling and explicit pictures in the workplace, complained several times about these problems to various supervisors. The pictures would be taken down for a few days and then put back up. She complained orally to her supervisors, but nothing was done until she submitted a complaint in writing. When she complained in writing, a meeting was held with her union representative and two co-workers, including a supervisor. In that meeting, the supervisor allowed the co-worker to call the plaintiff a "bitch." The court held that the employer could be liable for the harassment because its sexual harassment policy was not effective enough. Harris v. Mayor, 2011 WL 2533085 (D. Maryland June 23, 2011) (Gauvey, J.).
A Connecticut judge recently denied an employer's motion to dismiss the case of a female employee who had been sexually harassed on the job. The employee was told that a position at the company was opening up, but that she could not fill the position because she was female and her male colleagues would want to "take their pants off." When the co-worker who had told her this found out that she was looking for a new job, he told her that she couldn't leave the company until she slept with him. After a few more incidents, the employee quit because she was being forced to work with her harasser. Rosado v. Unger Enterprises, 2011 WL 2536445 (Conn. Super. June 3, 2011).
A federal court in Pennsylvania recently denied the motion to dismiss of a female university police officer who was sexually harassed by a co-worker. This employee was repeatedly asked out, called "sexy," propositioned for sex, and chased in her car. When she complained about this conduct to her boss, nothing was done. Eventually the employee had a nervous breakdown, and was fired when she stated that she could not return to work until something was done about her complaint. The court held that because of her complaints, the university had sufficient knowledge of the harassment and should have done something about it. Petril v. Cheyney University of Pennsylvania, 2011 WL 1627928 (E.D. Penn. April 29, 2011).
A federal court in Ohio recently ruled in favor of an employee who claimed that she was subjected to sexual harassment on the job. The female employee was harassed, and after two incidents, asked about the company's sexual harassment policy. After four incidents, she called a manager at the company and reported the details of the harassment. The employer tried to argue that it had not acted to help the employee because it was merely a he-said-she-said type of incident, but the court held that the harasser had been obviously lying when he said that "nothing happened" between him and the employee who sued and because the police eventually obtained a warrant for his arrest and he fled the county instead of responding. Stewart v. Trans-Acc, Inc., 2011 WL 1560623 (S.D. Ohio April 25, 2011).
CONTACT US for a confidential consultation. We will explain your rights, and help you achieve your goals.
The Hayber Law Firm, LLC, Employee Rights Advocates, 221 Main Street, Suite 502 Hartford, CT 06106
