Milwaukee Sexual Harassment Employment Law Attorney
Sexual Harassment is Illegal
Both State and Federal law prohibit sexual harassment in the workplace.
What is Sexual Harassment?
You are a victim of sexual harassment in the workplace if you are subjected to unwelcome sexual advances, unwelcome requests for sexual favors, unwelcome physical contact of a sexual nature or unwelcome verbal or visual conduct of a sexual nature. Unwelcome verbal or physical conduct of a sexual nature includes but is not limited to the deliberate, repeated making of unsolicited gestures or comments of a sexual nature; the deliberate and repeated display of offensive sexually graphic materials which is not necessary for business purposes.
Sexual harassment is a form of gender based discrimination and is generally broken down into two categories. The first is "quid pro quo" harassment which means that submission to sexual advances or sexual favors is made a condition of employment. For example, if your supervisor says that you will be fired unless you engage in sexual activity or offers to promote you if and only if you engage in sexual activity, you are the victim of quid pro quo sexual harassment.
The second is generally referred to as "Hostile Working Environment" sexual harassment which means that unwanted physical, verbal or visual conduct of a sexual nature affects the victim's ability to perform his or her job and creates a work environment that is intimidating, hostile or offensive.
Who Can Be A Victim of Sexual Harassment
Many people believe that sexual harassment can only be done by men to women. This common misconception is patently false. Both men and women can be victims of sexual
harassment. Both men and women can be perpetrators of Sexual Harassment. The perpetrator and the victim of Sexual Harassment do not need to be of the same gender.
While the person who is the subject of sexual harassment is a victim, anyone affected by the harassment may also be considered a victim.
What should I do if I am the victim of Sexual Harassment?
Do not ignore sexual harassment. Ignoring the problem will not make it go away and may intensify the problem. It is important to immediately report sexual harassment. Your
employer cannot take action to remedy the situation unless you make them aware that harassment has occurred. In fact, failing to timely report sexual harassment may adversely affect your legal rights.
Most companies have a written sexual harassment policy. If your employer has a policy, follow the policy to the letter. If your employer does not have a sexual harassment policy, report the harassment to your direct supervisor. If your direct supervisor is the harasser then report the harassment to your supervisor's supervisor or Human Resources.
Many victims do not report sexual harassment and many others do not do so in a timely fashion. Often victims feel ashamed that the conduct occurred and wish to keep it secret.
Others may blame themselves. Some fear retribution or retaliation. Being the victim of sexual harassment is not something to be ashamed about, it is a relatively common
workplace problem. Victims should not blame themselves. Often a harasser slowly escalates inappropriate conduct such that the victim feels as though she/he cannot complain because they initially condoned the harassment. Welcome conduct can become unwelcome. There is no shame in saying "enough is enough!"
It is best to report sexual harassment in a manner in which you can retain proof of the date and substance of the report. You should also keep a log or diary in which you keep track of the days, times and detailed descriptions of harassing behavior.
Be Vigilant for Retaliation
Your employer may not retaliate against you for reporting sexual harassment in the workplace.
Retaliation can include but is not limited to enforcing rules more strictly, judging performance more critically and altering terms, conditions or privileges of employment such as working hours, wages, work assignments, etc. If you have reported sexual harassment and feel as though you are being retaliated against, it is important to report the retaliation.
Protect your rights
You need not quit your job if you are the victim of sexual harassment, have reported sexual harassment and your employer has not taken action or have been the victim of retaliation for complaining about sexual harassment. In fact, unless the sexual harassment and/or retaliation for complaining is so severe that a reasonable person would have no choice but to quit, your legal rights may be adversely affected by quitting your job. If you believe you are the victim of sexual harassment or retaliation for reporting harassment it is best practice to contact an employment attorney as soon as possible. Getting timely legal advice may prevent an adverse employment action and may strengthen your legal claims if there is an adverse employment action