Workplace Sexual Harassment, Title VII, and Your Rights
Written by Cooper & Friedman PLLC on April 10, 2020
Conversations about sexual harassment have become more common in recent years. As a systemic social issue, sexual harassment can occur in any workplace setting. Around 38% of all women and 14% of all men report experiencing a form of sexual harassment at work. In fact, some industries having much higher rates. In addition, over 70% of people who experience sexual harassment never even file an internal complaint, and only 15% file a legal charge.
Employers and employees have a responsibility to deter harassment and, in addition, prevent harm. Above all, workplace policies must include an understanding of laws related to sexual harassment. Here’s an overview of legal protections against sexual harassment in the workplace.
Title VII: Protection Against Workplace Sexual Harassment
Title VII of the Civil Rights Act of 1964 is the foundation of federal protections against workplace sexual harassment. It prohibits employment discrimination based on race, color, religion, sex, or national origin. This includes all employees of a company and any job applicants. Additionally, it applies to all private and government employers with fifteen or more employees. Importantly, interpretations of Title VII have set the precedent that it is illegal to harass someone because of their sex in the workplace.
Sexual harassment can be of a sexual nature or can include offensive remarks about someone’s sex. Behaviors that qualify as harassment include lewd gestures, unwanted sexual advances, and other offensive behaviors.
Any behavior becomes illegal when the nature and/or severity of the harassment creates a hostile environment or leads to an adverse employment decision. For example, this can include job termination, a demotion, or pay inequity.
Importantly, sexual harassment in the workplace intersects with power dynamics. As such, power differentials like employer-employee dynamics, supervisor-trainee dynamics, and the like are important to be aware of.
How Employers Can Respond
Employers must take steps to prevent harassment in the workplace. This includes creating a system for handling complaints. The system should be accessible, thorough, and impactful. There is a strong precedent for employers being held liable for harassment by an employee with authority or supervisory capabilities. This is especially true when an adverse employment decision occurs.
Additionally, state and local laws play a role in your workplace rights. It’s important to check if your state or locality has laws that might impact your protections.
If you or someone you know has been a victim of harassment in Kentucky or Southern Indiana, contact us today. The experienced attorneys at Cooper and Friedman recently obtained $600,000 for a woman who claimed she was sexually assaulted on a job site. For additional information, or to schedule your free consultation with us, call 502-459-7555 now.