Despite intense company trainings and media accusations of workplace harassment, situations involving sexual harassment continue. In fact, a survey conducted by National Public Radio found that 81 percent of women have experienced some form of sexual harassment at work. Surprisingly, the same study discovered that 43 percent of men have also been harassed at work. Yet, these numbers are thought to be low as men are less likely to come forward and report sexual harassment. More women, however, are coming into the forefront as harassers.
Sexual harassment can create a hostile and unwelcoming environment at your place of work. As a result, many people who experience this form of harassment are unsure of how to proceed when it presents itself. The actions you take can have a real impact on subsequent claims, which is why The Balance offers the following advice.
As a resident of California who makes your living working in a hospital, doctor’s office or similar health care or medical setting, you may have firsthand knowledge of just how common sexual harassment has become in your industry. At the Law Office of Jeffrey D. Fulton, we understand that doctors, nurses and other health care workers often experience unwanted sexual attention in health care settings, and we have helped many victims of such behavior pursue appropriate recourse in the aftermath.
As more and more women enter the workforce and hold high-ranking positions within a company, more attention has been placed on the topic of sexual harassment. Women and men alike have been victimized by sexual harassment in the workplace, but with the #metoo movement in full force, California and other states in the nation are implementing new laws regarding this form of workplace bullying.
Previous posts in this blog address the possibility of an employer’s retaliation against an employee for accusing someone in the workplace of sexual harassment. Whether a person is unfairly demoted, terminated or otherwise disciplined for reporting sexual harassment, retaliation is just as unlawful as the harassment itself. A new law serves to protect California employees from one type of retaliation – defamation litigation – after accusing someone of sexual harassment.
No matter where you work in California, days probably exist – maybe many of them – when you wish you did not have to be there. Maybe the problem is a nasty boss. Maybe a cranky coworker. Maybe the lunchroom that seems to breed nothing but lewd jokes and strange little green or black spots in the microwave.
Residents in California have certainly been aware that the issue of sexual harassment or misconduct has received more attention in the last year or so. For many, there are not only concerns about potential sexual harassment in the workplace but also about how allegations of these actions are handled. The state of California will see new laws go into effect in 2019 that will continue to place the burden of proof on the person making any allegations but that may well make it easier to prove them.
It is often one of the hardest questions to answer: Is a coworker or boss sexually harassing you, or is it just a harmless joke? The answer might be simpler than you think, once you understand the law.
In recent posts, this blog has discussed numerous ways employees are subjected to sexual harassment in the workplace, especially women in fields where this is common, such as the restaurant industry. However, many California residents may not realize that men can be victims of sexual harassment, as well. In fact, harassment is not limited to gender on either side.
When people are hired to work for a company, they may be required to sign an arbitration agreement. What employees may not know, is that when they sign this document, they are giving up their right to initiate lawsuits involving discrimination, labor violations, sexual harassment claims and any other type of discrimination. Rather than taking these matters to court, the arbitration agreement requires workers to work out the issue out of court using mediation.