Everyone has the right to a work environment that is free of threatening behaviors such as sexual harassment. Unfortunately, sexual harassment is far more common than you might think. It can happen to anyone at any time. Getting the facts about sexual harassment and understanding your right to speak with a sexual harassment attorney can both empower you and protect you. If you have been the victim of these types of unacceptable behaviors in the workplace, a sexual harassment attorney in San Jose can explain your legal options.
1. Circumstances
It’s a common misconception that sexual harassment only affects women and is only perpetrated by men. In fact, both men and women can engage in sexual harassment and they may both be the victims of it. Likewise, a person who commits sexual harassment may be a co-worker, supervisor, or even a non-employee. A victim of sexual harassment may not necessarily be the direct target of it. For example, a sexual harassment attorney may represent someone who has a job at a workplace characterized by a hostile environment.
2. Types
Sexual harassment is a broad area that can encompass any verbal or physical behavior of a sexual nature that is unwelcome. Employment law recognizes that behaviors such as leering, sexual innuendo, lewd letters, and unwelcome touching are all forms of sexual harassment. A person might “accidentally” brush up against another person, or he or she might display pornography at work. Sometimes, unwanted sexual advances may be blatant , such as requesting sexual favors, or they may be subtle, such as spreading sexist cartoons in the workplace.
3. Resolutions
Each workplace should have an established sexual harassment policy. This policy should explain that sexual harassment is not tolerated in the workplace and it should inform employees how to report sexual harassment. Unfortunately, filing a complaint with an employer doesn’t always stop the behavior—particularly if the supervisor is the person committing the offense. Victims of sexual harassment should consult a sexual harassment attorney. The lawyer can file a complaint against that employer or company.