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Posted: October 13, 2017

Sexual harassment in the workplace: What is it, how to report it and more you should know

Westend61/Getty Images/Westend61

By Fiza Pirani, The Atlanta Journal-Constitution

A New York Times investigation last week revealed decades of sexual misconduct allegations against Hollywood mogul Harvey Weinstein.

» RELATED: Timeline of Weinstein allegations dating back decade

Since the report, more than 20 more women, including actresses Rose McGowan, Angelina Jolie and Gwyneth Paltrow, have been vocal about Weinstein’s inappropriate advances.

>> Read more trending news 

In a tweet directed at Amazon exec Jeff Bezos Thursday, McGowan wrote she repeatedly told his head of studios not to work with Weinstein. “HW raped me,” she wrote.

» RELATED: Many #WomenBoycottTwitter to support Rose McGowan, others criticize campaign for ‘silencing’ women

Weinstein was fired from The Weinstein Company on Sunday.

Sexual harassment is not uncommon in the workplace. In a 2015 survey of 2,235 full-time and part-time female employees, Cosmopolitan found 1 in 3 women experienced sexual harassment at work at some point in their lives.

Here’s what you should know about sexual harassment in the workplace, according to the United States Equal Employment Opportunity Commission and Department of Labor:

What is sexual harassment?

Generally, sexual harassment is a form of sex discrimination. It violates Title VII of the Civil Rights Act of 1964, which prohibits discrimination in the workplace on the basis of sex, race, color, national origin and religion.

Title VII applies to employers with 15 or more employees.

» RELATED: Harvey Weinstein’s wife Georgina Chapman leaving him amid sexual harassment allegations

According to the Department of Labor, there are two forms of sexual harassment:

  • Quid pro quo: Involves an employment decision based on submission to the sexual harassment, such as promotion, assignment or keeping your job
  • Hostile work environment: Sexual harassment makes workplace hostile, intimidating, abusive or offensive

Are there state laws with more protections against sexual harassment in addition to Title VII?

Some states have adopted stronger protections. Georgia is not one of them. 

Harassment can include, but is not limited to:

  • unwelcome sexual advances
  • requests for sexual favors
  • other verbal or physical harassment of a sexual nature
  • non-sexual but offensive remarks about a person’s sex

Harassment is illegal when:

  • conduct is unwelcome
  • conduct is “based on the victim’s protected status”
  • subjectively abusive to person affected
  • “severe and pervasive” enough to create a work environment that a “reasonable person” would find hostile

What factors are used to determine of harassment is “severe and pervasive” enough?

  • frequency of unwelcome conduct
  • severity of conduct
  • whether conduct was physically threatening/humiliating or “mere offensive utterance”
  • where conduct “unreasonably” interfered with work performance
  • effect on employee’s psychological well-being
  • whether harasser was a superior at the organization

From the Department of Labor:

Each factor is considered, but none are required or dispositive. Hostile work environment cases are often difficult to recognize, because the particular facts of each situation determine whether offensive conduct has crossed the line from “ordinary tribulations of the workplace, such as the sporadic use of abusive language . . . and occasional teasing,” to unlawful harassment.

However, the intent of the Department of Labor's Harassing Conduct Policy is to provide a process for addressing incidents of unwelcome conduct long before they become severe and pervasive enough to create a hostile work environment under the law.

Does the gender of the victim or harasser matter?

No. Both the victim and harasser can be either a woman or a man — or both can be the same sex.

» RELATED: Student says Georgia university did little to stop sexual harassment

Does the title of the harasser matter?

No. The harasser can be the victim’s supervisor, a supervisor in another department, a coworker, an employee of a separate employer, a client or a customer.

What about teasing?

According to the U.S. Equal Employment Opportunity Commission, the law doesn’t prohibit simple teasing, offhand comments or isolated incidents that are “not very serious.”

However, teasing becomes illegal when:

  • the behavior becomes frequent or severe
  • the behavior creates a hostile or offensive work environment
  • the behavior results in an adverse employment decision (victim is fired or demoted)

What if you weren’t directly harassed but you feel affected?

You do not have to be the victim of direct harassment to be affected by the offensive conduct. It is still considered sexual harassment, according to the EEOC.

What should you do if you experience sexual harassment?

Inform the harasser at once that the behavior is unwelcome, then directly use “any employer complaint mechanism or grievance system available.” 

This may include reaching out to your direct manager or employer or talking to your company’s human resources department. Check your employee handbook for more information.

If you really can’t find someone you trust, labor and law employment attorney Nannina Angioni suggests you contact the Department of Fair Employment and Housing.

Experts also recommend filing a complaint with the Equal Employment Opportunity Commission. Find directions on the EEOC’s website.

You may also want to continue keeping a record of the discriminatory activity and seek support from friends and family.

What if speaking out is too difficult?

“Some victims will never report abuse, and they have that right,” psychologist Nekeshia Hammond told NBC News. “It’s a case by case thing, and sometimes there’s a reason for staying silent — if you feel your safety is threatened, or if you’re literally on the verge of having an emotional breakdown and will be unable to function. But you need to reach out to someone.”

Hammond recommends calling the National Sexual Assault Hotline at 1-800-656-HOPE (4673), which includes free services and confidential support.

Can staying silent work against me, legally?

According to the Department of Labor, “the department cannot correct harassing conduct if a supervisor, manager or other Department official does not become aware of it.”

In fact, when an employee “unreasonably fails to report harassing conduct,” the department can use this as a defense against a suit for harassment.

Additionally, if you file a complaint with the EEOC, it’s recommended you do so within 180 days of the discriminatory activity.

» RELATED: Woman says she lost work hours after reporting sexual harassment

How does the EEOC investigate allegations of sexual harassment?

The department looks at the circumstances of the misconduct, the nature of the sexual advances and the context in which the incidents allegedly occurred.

“A determination on the allegations is made from the facts on a case-by-case basis,” the EEOC website states.

How can companies stop sexual harassment from occurring?

According to the EEOC, prevention is the best tool. Employers should be vocal about the intolerance of sexual harassment and establish a complaint and grievance system.

Learn more about workplace sexual harassment at dol.gov and eeoc.gov.


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