The Dynamics of Laws on Harassment?

Answer 1

Harassment in the workplace can be offensive, uncomfortable to deal with, and difficult to investigate, but laws on harassment are clear it is prohibited.

There are two types of harassment that is barred in the workplace; hostile environment harassment and quid pro quo harassment.

Hostile environment harassment involves unwelcome conduct that is so severe and denigrates individuals based on their race, religion, gender, national origin, disability or age. Many states have expanded this definition to include sexual orientation, marital status, transgender status and weight.

Examples that constitute hostile environments include vulgar comments, sexually suggestive jokes, posters, gestures or comments; physical groping, pinching, or any conduct that is pervasive enough that a person finds the environment abusive.

Quid pro quo harassment is regarded as unwelcome sexual conduct that is so severe that is affects the terms and conditions of the victims employment.

For example, if an employee's job is directly tied to any submission to unwanted sexual advances that would be considered harassment. Employer's promising a raise in exchange for going out on a date or demoting an employee for refusing to engage in sex are traditional signs of harassing conduct.

The legal liabilities for harassment

Laws that prohibit harassment exist on the federal, state and local levels. According to the EEOC, employers have a duty to investigate and take prompt corrective action to end the harassment.

Under Title VII of the Civil Rights Act, harassment can form the basis of a lawsuit. State laws differ considerably in the scope and coverage and because of this reason, victims should initially pursue a claim with the EEOC. It's important to note, courts will usually dismiss a lawsuit for harassment if the victim has failed to first file a charge with the EEOC.

After the investigation, if the EEOC finds reasonable cause to believe the law has been violated, the agency will start proceedings to settle the case. If the employer refuses, the EEOC will send notification to the victim, allowing 90 days to file a formal lawsuit in court.

Remedies for harassment

The remedies available include compensatory damages, injunctive relief, make-whole remedies and in some cases, the court will issue punitive damages.

Victims of harassment should take immediate action and begin to document relevant evidence. Harassment is usually a pattern of incidents and will continue if the victim refrains from complaining.

Laws on harassment have been put in place to hold individuals accountable for their actions and while the decision to report this conduct can be difficult, one person can correct this injustice.