As a Nation Watched…
One woman alleged, very publicly in 1991, that U.S. Supreme Court nominee Clarance Thomas, had made sexually explicit harassing statements as her supervisor, at the U.S. Department of Education. Do you know who she is? Her name is Anita Hill.
Some thought, given how she was treated in that investigation, women would never report sexual harassment again. However, they were mistaken, the opposite happened. Women came forward in large numbers to stop the sexual harassment in their workplace.
What is Sexual Harassment?
It’s a form of discrimination against females or males. The legal description of it is: Unwelcome verbal, visual or physical conduct of a sexual nature that is severe or pervasive and affects working conditions or creates a hostile work environment.
Let’s break the legal description down. What defines “unwelcome”? If you allow someone to sexually harass you, without telling them verbally, or in writing it’s not welcome, it will be considered “welcome”. Ridiculous as that may sound, that’s how it’s set up. Basically, if you are harassed, don’t wait to let the perpetrator know their actions are unwanted. Sending a letter immediately, directly to them, after verbally telling them their advances are unwanted, is probably best since you’ll need to have a paper trail should the harassment continue.
What defines “conduct of a sexual nature”? It can be verbal, written, physical, nonverbal or visual. Some examples of verbal or written would be: comments about clothing, personal behavior, your body, sexual jokes, requesting sexual favors, repeatedly asking you out, sexual innuendoes, telling rumors about your personal or sexual life, threatening.
What is “physical”? Assault, blocking your movement, inappropriate touching (person or clothing), kissing, hugging, patting, stroking.
What is “nonverbal”? Giving you the “once over” by looking at you from head to toe, staring at your breasts or crotch, derogatory gestures or facial expressions of a sexual nature, following you.
What is “visual”? Posters, drawings, screen savers, pictures, e-mails of a sexual nature and actively viewing porn.
Incidence of a Non-Sexual Nature
Not all sexual harassment involves blatant sexually explicit activity. For example: you are a female working as a carpenter on a predominantly male job site and find tools hidden by your coworkers. This activity isn’t “cute” or funny because it’s singling you out if they aren’t hiding other coworkers tools. Without your tools, you cannot do your job. Therefore, this harassment directly affects your ability to work.
Your Employers Responsibility
Title VII of the Civil Rights Act (a Federal Law), states employers are liable to protect and stop employees from being sexually harassed. By law, they must protect you from any further sexual harassment and promptly correct that which has occurred.
Most employers have policies which address sexual harassment, often specifically stating what will happen to an employee who is sexually harassing another employee or supervisor. These policies are usually posted in a conspicuous place available to all employees of the company, in the HR office, for example.
It’s Against the Laws
The laws in place, both Federal and State, are there to protect you from your boss, coworkers, or customers at work. Know what your particular State Law encompasses. In California, where I reside, we have the FEHA, which goes one step beyond Title VII and provides protection against sexual harassment for persons who provide services pursuant to a contract.
Final Thoughts
Being sexually harassed can be frightening, embarrassing, and confusing all at the same time. But one thing it is not–legal. Don’t allow someone, male or female, to sexually harass you at work. Take proper action to protect yourself. If you find your employer has not followed the law, seek out help from the Equal Rights Advocates’ Advice and Counseling Line at 1-800-839-4372, they can refer you to legal representation, ensuring your safety and protection.
It’s your right to do your job without being sexually harassed.
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©2011