Claims for Sexual Harassment in the Workplace

August 10, 2018

Claims for Sexual Harassment in the Workplace

Sexual harassment at work is a severe violation and consider one of the most challenging charges an employer can face.

General information

These are some of the basic guidelines. Any employer who is faced with some harassment problem should consult with the attorney about the possible charges. If you need consultation, please click here.

Sexual harassment at work is defined as a form of sex discrimination by federal and Arizona laws. It’s an illegal act. Most employers today are much more aware of how to prevent this through coaching and other methods to emphasize that any type of sexual harassment is unacceptable.

General examples include:

  •    Unwelcome visual, verbal, written, or physical, sexual behavior
  •    Ignoring or not responding to employees complaints of sexual harassment
  •    Sexual-based jokes
  •    Discrimination against female employees from pregnancy or the imagined likelihood of pregnancy
  •    Sexual intimidation of any kind
  •    Inappropriate touching, kissing or hugging
  •    Direct requests for sexual favors
  •    Hanging offensive signs in cubicles or workrooms depicting pornography or containing obscenities
  •    Groping

Inappropriate behavior that is committed and tolerated by supervisors or co-workers leave targeted employees with a potential case, mainly if there is no prevention at the workplace. There are a variety of factors to determine if the case reaches court. The law protects private and public employees as well as employees of the labor organization. If the sexual harassment case resulted in a job loss, there might be an additional wrongful termination claim to pursue by your lawyer. We can evaluate your harassment claim, including investigation and workplace response. If you feel victimized or forced to work in a hostile environment consult with us Today!

What Constitutes Sexual Harassment in Arizona?

Any sexual favors (Including favor exchange) is considered harassment. Hiring, promotion or wage increase as a favor for sex trade are punishable by law. A hostile environment, defined by pornographic pictures, remarks or sexual jokes is also included. These actions violate Title VII of the Civil Rights Act of 1964, which is in effect for any company with 15 employees or more. You have 180 days from the harassment incident in which to file a complaint under Title VII.

Harassment can be committed by co-workers, company owners, supervisors, clients or vendors. It can involve men’s treatment of women, but also women can harras man or women too, or men to men.  Arizona law includes companies with fewer than 15 employees also.

What is considered non- sexual harassment!

Training in sexual harassment is highly recommendable. It will determine what is and what is not considered as sexual harassment.

Example:

  • Unwelcome touching would be a single act severe enough to constitute harassment.
  •  Repeated smaller offensive actions can also constitute sexual harassment severe enough to justify an official complaint. Minor teasing or causal one-time sexual references are not generally considered sexual harassment.
  • An action must be seriously offensive and repeated on the daily basis and must cause distress to an individual.

 

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