Break The Silence Around Workplace Harassment
Have you suffered from harassment because of your sex, race, national origin, disability, religion, or age? Has your employer retaliated against you because you opposed or complained about the harassment?
At Wilson Melton, LLC, we understand that it is humiliating, upsetting and degrading to be harassed at work because of your sex, race, national origin, disability, religion, or age. We further understand that it takes a lot of courage and strength to rise up and take action against the perpetrators of the harassment, especially in the face of possible retaliation by your coworkers and supervisors. However, we encourage you to act as silence only emboldens the harasser.
What Is Sexual Harassment?
Sexual harassment in the workplace is prohibited by federal and state laws, including Title VII of the Civil Rights Act of 1964. Sexual harassment is any form of unwelcome conduct that is based on sex, including sexual comments, unwanted sexual advances, physical touching, requests for sexual favors, groping, unwanted staring and gawking, sexual emails and text messages, and other forms of sexual misconduct. A hostile work environment exists when the harassment unreasonably interferes with employee’s ability to perform the job. Supervisors, coworkers and customers can be perpetrators of sexual harassment against employees of the same or opposite sex.
What Should I Do If Someone Is Sexually Harassing Me?
Employees suffering sexual harassment should complain to a supervisor, manager, or human resources employee. Employees experiencing sexual harassment or a sexually hostile work environment should not be silent but should speak out about the harassment. Otherwise, silence only emboldens the harassers. Victims should give their employers reasonable time to address the unlawful behavior. If the employer fails to address the hostile work environment in a prompt reasonable manner, then the employer exposes itself to a sexual harassment lawsuit. Sexual harassment victims should continue to work for their employers. Claims by victims who walk off the job are very difficult as compared with victims who remain employed while the harassment continues.
In addition to a sexually hostile environment, the other type of sexual harassment is quid pro quo sexual harassment. This type of harassment occurs when the terms and conditions of an employee’s job, including continued employment, job promotions, shift changes, and pay increases, are based on an employee’s agreement to accept sexual advances or favors. For instance, a manager may promise a promotion or pay raise to an employee if the employee is willing to provide sexual favors, go on a date, or submit to groping. This harassment is unlawful.
The Answers You Need About Harassment
The law is very complex when it comes to unlawful harassment on the job. If you have questions that you need answers to, you can turn to us. Below, we have responded to some of the inquiries that we often hear from victims.
Is harassment based on race, national origin, religion, disability and age unlawful?
Race harassment, disability harassment, religious harassment, national origin harassment, and age harassment are unlawful and completely unacceptable. Unlawful harassment is any form of unwelcome conduct that targets an employee’s race, national origin, religion, disability or age, including derogatory comments or jokes about the employee’s race, disability, religion, national origin, sex, and age; unwanted staring; consistently being assigned harder jobs as compared with coworkers; derogatory comments about job performance; and other forms of misconduct.
What should employees do about unlawful harassment?
The employee should complain about the harassment to a supervisor, manager, or human resources employee. Employers must take prompt remedial action to stop the hostile work environment. Quitting can hurt the employee’s potential harassment case against the employer.
What is a hostile work environment?
A hostile work environment exists when the unlawful harassment unreasonably interferes with the employees’ ability to perform their jobs. Perpetrators of unlawful harassment against employees can include supervisors, coworkers and customers.
What is retaliation?
Retaliation occurs when an employer wrongfully discharges, demotes, or suspends an employee who reports sex harassment, race harassment, disability harassment, age harassment, religious harassment, unlawful harassment or any other form of unlawful workplace discrimination or harassment.
Seek Help From Our Lawyers In A Free Consultation
If you are the victim of unlawful harassment, you have complained to the employer, and the employer has not taken prompt, remedial action to address the unlawful harassment, then you should contact Wilson Melton, LLC, to help you file a legal action against your employer. Call our Indianapolis office at 317-827-8302 or send us an email to set up your free initial consultation.