Majority of employees and employers view sexual harassment from the perspective that it only entails a worker asking for sex from another worker. This is not the case. Sexual harassment in the workplace is a form of sexual discrimination based on both verbal and non-verbal behavior such as uncalled for sexual gestures and indecent sexual comments. This leads to extreme obstruction of an employee’s productivity and breeds an uncomfortable workplace setting. It is a violation of the Title VII Civil Rights Act of 1964 that seeks to curb sexual harassment. This article focuses on types of sexual harassment in the workplace.

Majority of employees and employers view sexual harassment from the perspective that it only entails a worker asking for sex from another worker. This is not the case. Sexual harassment in the workplace is a form of sexual discrimination based on both verbal and non-verbal behavior such as uncalled for sexual gestures and indecent sexual comments. This leads to extreme obstruction of an employee’s productivity and breeds an uncomfortable workplace setting. It is a violation of the Title VII Civil Rights Act of 1964 that seeks to curb sexual harassment. This article focuses on types of sexual harassment in the workplace.

There are two categories of sexual harassment that are acknowledged by the law.

1. Quid pro quo: In this case, recruitment, promotion and remuneration of employees is solely based on their willingness to offer sexual favors to the persons mandated to perform these processes. For instance, a department manager can threaten an employee of denying him/her a promotion unless sexual favors are extended. A male supervisor can also suggest to a female worker to dress in a suggestive manner to get the attention of the boss. All these acts amount to this kind of sexual harassment.

1. Hostile work environment: This arises when the work context is dictated by antagonism and coercion as a result of irrational sexual behavior by colleagues, greatly curtailing an employee’s productivity. This is manifested in the form of explicit sexual discussions, uncalled for sexual advances by a colleague, disrespectful sexual remarks and jokes as well as displaying materials that advance immoral sexual behavior. Further, if a colleague makes romantic gestures to a fellow colleague and they are turned and the person persists doing it regardless of knowing the truth, this is tantamount to sexual harassment. The offended employee has the obligation to file a complaint through the help of an employment attorney.

While these are the most prevalent forms of sexual harassment, there are other behaviors that can cause the workplace to become uncomfortable. 

Indirect sexual harassment can be diffucult to identify. In some situations, a non-partisan in sexual harassment may indirectly bear the consequences of sexual harassment. This results in a case where an employee agrees to a sexual favor requested by a supervisor in order to be hired or get undeserved promotion denying the chance to a person who deserves it through meritocracy. In such a scenario, the plaintiff has the right to file a complaint against the offender.

As a final point, it is the mandate of employees to ensure sexual harassment in the workplace is addressed by having relevant and sound polices that ensure the perpetrators face the consequences of their actions. Employees should also report such cases when they happen in order to get justice. Do you recognize the behaviors described above in your workplace? Contact us today to see if you may have a case. 

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California state legislation has been at the forefront by passing several bills that prevent sexual harassment in the workplace as well as within the state legislature. The package of bills was signed by the Governor of California, Edmund G. Brown on September 30th, 2018. These bills were put in place in support of women, children, working families in California. Many of these bills addressed sexual harassment and discrimination in the workplace and provide sexual training requirement to address professional liability, settlement agreement and enforcement, and strengthen whistleblower protections by including new protection for state legislature workers.

Key Areas Covered By The New Bills

Frequently Asked Questions

Here, we explore the commonly asked questions that might help you:

i) What constitutes harassment at work place?

Harassment at workplace includes any discrimination against age, sex, pregnancy, religion, marital status among other factors.

United Employees Law Group

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Workers’ compensation ensures that employees receive benefits when they are injured, contract or develop illnesses in the workplace. This law helps injured employees cover their medical bills and return to their jobs as soon as possible after an illness or injury. The following are frequently asked questions about workers’ compensation:

How do I file a workers compensation claim?

After an injury at the workplace, you should first inform your employer. If your employer is self-insured then you can file the claim directly. You should then visit a doctor and describe your injury or illness to him/her. Your employer will then give you the necessary forms to fill. The employer will submit the filled forms to the workers’ compensation agency and the insurance company. You should visit the nearest workers compensation office if your employer refuses to help you in filing the claim.

The insurance company will investigate and decide whether to approve or deny the claim. You can appeal in case your claim is denied.

Must the injury occur at the workplace for one to be compensated?

You have the right to be compensated as long as the injury is job-related. You will be compensated if the injury occurs during business trips and functions.

Can I be compensated for all work-related injuries?

This law does not cover all the work-related injuries. Your claim will be denied if you are using illegal drugs or when you get the injury while committing a crime. Also, self-inflicted injuries and those suffered while you are not on the job will not be covered.

Does the law cover all long-term illnesses?

Diseases that are caused by bad working conditions such as heart and lung disorders will be compensated. Therefore, you will receive benefits even if your injury was not caused by an accident.

Does it cover my medical bills?

Workers comp will cater to your treatment expenses. In case of permanent disability, you will receive payments to cater for your lost salary. It may also pay for retraining and rehabilitation.

Does it cover all employees?

Workers’ compensation coverage depends on the number of employees, type of work and also business type. Farmworkers, casual and domestic workers are not eligible for compensation.

How UELG can help you!

The United Employees Law Group (UELG) can help you file the claim and appeal in case it is denied. Contact them for guidance and strong representation during trials. Visit https://www.californialaborlaw.info/areas-of-practice/ for more information about UELG’s services.

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It is very important to have laws that protect the people from any kind of malpractice or injustice. Having such laws in the workplace not only gives employees mental satisfaction, but will also save them from the injustices by employers that they may experience or witness.

The state of California, through the Occupational Safety and Health Administration (OSHA), ensures that employees work in an environment which is healthy and are up to the safety standards of the state.

What is OSHA?

As mentioned before, OSHA is an agency of the United States Department of Law which ensures that in every state each employee gets a safe and healthy workplace. The agency was formed after the creation of the OSH Act of 1970 in order to enforce strict safety standards and provide training, education, and assistance to employees.

OSHA also has a “whistle-blower policy” which states that employees may report any malpractice or injustice that they experience, and the agency will take strict actions against the employer.

How Does OSHA Defend Against Unpaid Wages?

Recently the Occupational Safety and Health Administration and the Wage and Hour Division of Employment Standard Administration (ESA) have joined forces to provide a fair working environment to the employees in California.

This settlement ensures that the agencies coordinate to help all working men, women, and children in the state of California.

The Fair Labor Standards Act has set standards for minimum wage and maximum working hours, overtime hours, and overtime payouts. They look after all these factors and make sure these rules are being followed.

If an employer is making its employees work overtime and holding back their overtime payouts this where, both OSHA and ESA step in. This is to ensure that there is no harm done to an employee’s health due to working overtime. If an employer has failed to pay its employees the wage for overtime then they are liable to pay a fine for this malpractice and also pay all the overtime dues.

Thus, The Occupational Health and Safety Administration and the Employment Standard Administration have successfully helped many individuals get their unpaid wage from their employers.

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