Posts Tagged ‘Harassment’

Idaho Sexual Harassment Law: Know Your Rights

Monday, May 17th, 2010

Sexual harassment is so multi-formed that for many who encounter it, they may not even know to identify it as harassment. This form of harassment is a multi-headed hydra; some may only identify sexual harassment on its face, explicit and direct.


Actually sexual harassment can be subtle; it can be simply as an ongoing act of unwanted or unwarranted flirtation, or inappropriate suggestion. The act is disruptive enough to interfere with someone’s life or job or whatever field or role the victim plays in life.


The federal law protects citizens from harassment. Title VII of the Civil Rights Act of 1964 specifies sexual harassment as a civil right violation and a form of sex discrimination. Some examples that the law provides protection for are: unwelcome and aggressive sexual advances, requests of sexual favors or other verbal or physical conduct of sexual nature that affects the individual’s employment, interferes with the individual’s performance at work or creates a hostile or offensive work environment.


Idaho has its own civil litigation laws and title code that defines specific instances in the sexual harassment. Federal law provides the basis for each state’s law process to help define.


Idaho and It’s Take on Addressing Sexual Harassment


According to Idaho’s Commission on Human rights, twenty percent of their cases at the commission involve sexual harassment. As with many sex-crime acts, they are usually not reported. Studies have found that this is due to victims feeling ashamed that they were at fault for some reason and that their allegations will be looked down upon. This not only leaves them humiliated and taking an emotional loss, but can leave the harasser to victimize others.


Cultural differences define regions of the nation. Some civil rights may be more familiar within certain cities than others. The social climate may be different say, for instance, a comparison between San Francisco Metro (where civil rights issues are constantly brought to the table) and an Idaho city like Couer d’Alene.


Having a percentage of the work force walking into a job and not really being civically aware of their rights may create an ideal setting stage for harassment. It would be wise to consult with a lawyer if you think that there is sexual harassment. Those victimized will know, because they certainly will not feel comfortable for whatever situation they are in.


In the example case from Idaho, it would be best to look for Coeur d’alene sexual harassment lawyers so they know more about stopping the abuse. Most attorneys will not charge for the initial consultation so there would really be nothing to loose.

Sexual Harassment: Important Answers to Your Questions

Saturday, April 10th, 2010

Sexual harassment is a form of illegal sex discrimination according to both federal and California law. Sexual harassment takes different forms. Most people realize that if an employer, supervisor, or co-worker touches a female employee’s breasts, this is sexual harassment; but there is much more to it.

What is Sexual Harassment?

The following are all examples of illegal sexual harassment:

Propositioning for dates or sex Telling inappropriate sexual jokes or making inappropriate sexual remarks Bringing into the workplace pornographic pictures, materials, or images Touching inappropriately including, in some cases, hugging, kissing, rubbing against someone, caressing one’s shoulders or back, or other unwanted physical contact Requiring employees to wear certain suggestive clothing Gawking or leering Making inappropriate comments about an employee’s appearance Making statements that women are inferior to men (or vice-versa) Attempting to use one’s position as a supervisor to obtain an employee’s acceptance of sexually inappropriate behavior or an employee’s romantic affections

Although it is usually men who sexually harass women, sexual harassment can also include women harassing men, men harassing men, or women harassing women. The perpetrator may be a heterosexual or a homosexual. In the end, sexual harassment occurs whenever someone is subjected to sexually inappropriate behavior because of one’s gender.

What should I do?

If you’ve experienced sexual harassment on the job, you have a responsibility to inform your employer of it (i.e., complain). Doing so is important because, under the law, if employers do not know about the harassment, then they can’t take appropriate and immediate steps to remedy the situation. If they haven’t been given that chance, they may not face liability for the conduct even if it is proved that it occurred.

What if my employer retaliates against me?

An employee has an absolute right to complain about harassment without fear of retaliation by his or her employer. Even if it is found that the conduct did not rise to the level of “harassment,” an employer cannot retaliate against an employee for having brought the complaint. Retaliation may include a termination close in time to the complaint, denial of promotions, pay raises, work assignments or leaves of absence, heightened scrutiny of performance, or other similar detrimental action.

What if the sexual harassment continues?

Before you can sue, you have to file a complaint with either the federal Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). Both agencies are charged with investigating such complaints. This is designed to give the employer time to remedy its conduct prior to being sued.

Do I need a lawyer?

If you believe you have taken all the necessary steps and are still unsatisfied with the result, you may need to seek legal counsel about the feasibility of filing a lawsuit. Both Title VII of the federal Civil Rights Act of 1964 and the California Fair Employment and Housing Act give employees a right to sue an employer for violations of their rights and permit recovery of past lost wages and benefits, future wage loss, emotional distress damages, attorney fees and possibly punitive damages, if a violation has been found.

Do I Have a Sexual Harassment Case?

Sunday, March 7th, 2010

Are you working in a hostile work environment? If you feel that you’re being sexually harassed in the workplace, then read on. This information is provided by Salt Lake City Court Reporters and can help you determine if you have a sexual harassment case or not, and the appropriate steps to take.

You are probably wondering what steps to take first. The first thing you should do is to make sure that what you’re experiencing qualifies as sexual harassment. The Equal Employment Opportunity Commission states that unwelcome sexual advances, request for sexual favors or any conduct of a sexual nature is morally wrong, unethical and unacceptable in the workplace. Submission to, or rejection of these advances can not be used as a basis for employment decisions. Advances can not be used to create an intimidating, hostile or offensive working environment, whether these outcomes were intentional or not.

Teasing, inappropriate comments and isolated incidents of a sexual nature are not necessarily considered sexual harassment. The conduct must be severe and/or continuous and have some effect on the terms of your employment to be considered sexual harassment. This rule is in place to filter out frivolous suits for conduct that is not necessarily found hostile or abusive to most people. Flirtation that does not affect your status as an employee may not be considered sexual harassment.

This doesn’t mean that flirtation and offhand comments are okay. If you are uncomfortable, then there is a problem. Go directly to the offensive party’s superior and make a complaint in writing. It is important to have a paper trail documenting your complaints. If the situation worsens or is not resolved, then you need proof that you have gone through the proper procedures to try and end the situation. If you don’t, and things escalate, then you may not be able to recover damages if the case does go to court.

Going through your employer’s proper procedures can protect you from retaliation after the complaint is filed. Most employers have a complaint process that must be followed. If they don’t, then they could be liable for actions taken by their employees. Resolving situations with your employer is generally the best idea. You may choose to contact an attorney before you file your complaint with your employer to make sure that you are clear in your letter about what laws you think have been broken and the steps that you will take if things do not improve.

If things don’t change or get worse after your complaint is formally filed with your employer, you may want to contact the Equal Employment Opportunity Commission to file another complaint. At this point, you will need to contact an attorney that specialized in sexual harassment claims. An attorney can make sure that all the appropriate steps have been taken. This will greatly increase your chances of recovering damages if the case goes to court. The goal shouldn’t be to collect money, but to keep your job, not be retaliated or discriminated against, and to work in a healthy, respectful environment.

North Idaho Sexual Harassment: What Are Your Rights?

Sunday, March 7th, 2010

Harassment laws, though there are several federal laws in place that protect your rights nationally, can vary by state.


Definitions of criminal harassment, for example, may have slight variations state-to-state. This article focuses specifically on the laws in Idaho, especially the “panhandle” area of North Idaho which is often viewed as a separate area than the lower section of Idaho.


Before going any further, the first thing you should always do when you believe that harassment has taken place is to report it, preferably to a lawyer that specializes in this type of prosecution. This is especially true if the crime takes place at work, and you worry that reporting it to your superiors will result in little or no action, or put your employment at risk.


If you live in North Idaho, then obviously you’ll want to get a North Idaho lawyer that specializes in sexual harassment law.


Idaho Sexual Harassment Laws


As in all states, in Idaho workplace discrimination based on race, creed, sex, or disability is illegal. Furthermore, in Idaho it is also illegal to discriminate based on sexual preference.


In highly conservative areas (such as North Idaho) where homosexuality is considered taboo or otherwise unacceptable, those who are gay will often try to hide the fact out of fear for their jobs. And if word ever gets out, persecution can explode as ignorant coworkers play pranks, make comments, or harass in other ways as a method of making the workplace so miserable that the target of the attacks can no longer stand to work there.


The same can happen when women enter a male-dominated workforce (or vice versa), or even when a conservative straight man takes on a job at a gay-friendly company. What many people don’t realize is that what can seem at first to be discrimination against a disabled person can also be construed as sexual harassment if the discrimination involves any kind of sexual connotation (for example, coworkers wondering out loud how a disabled person “does it” or the use of crutches in sexual acts, and so forth).


In any case, sexual harassment happens when any type of unwelcome sexual advance occurs, whether verbal, physical, or implied. This can include any type of request for a sexual favor, any unwanted sexually explicit talk (which can be construed as verbal sexual abuse), or any kind of unwanted physical contact, and even the suggestion that somebody might advance faster or be favored for promotion if any type of sexual act is performed.


This type of crime, as interpreted by the law, can happen even by unwanted comments that have any sexual connotation at all.


In a conservative area such as North Idaho, being out of the norm can result in a hostile work environment for anybody who isn’t “normal” or has ideas outside of the norm. If it results in any type of harassment, then the best thing to do is contact North Idaho sexual harassment lawyers that understand the community where you live, and have experience dealing with this type of criminal prosecution in that area.

Sexual Harassment in Los Angeles Employment Setting

Tuesday, February 23rd, 2010

Sexual Harassment

In the context of the prevailing Labor Laws in Los Angeles, sexual discrimination or harassment is an unwelcome sexual advance or request and any other oral or physical performance that is sexual in nature. This action must also create an intimidating, hostile and offensive work environment to a person for it to be considered illegal.

These discriminative acts are definitely forbidden under the California Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act. As the Federal Law provides, a sexual harassment case may happen in various conditions. These may include but not limited to these scenarios:

• The victim and the harasser are not always of the opposite sex.

• The harasser can be of the immediate superior of the victim or even his/her co-employee.

• The victim can be anyone in the workplace who has been affected by the offensive performance.

• There may not be economic injuries as a result of the harassment.

• The harasser actions must not be wanted by the victim.

Filing Complaints and Grievances

On the other hand, a supposed sexual harassment victim in Los Angeles must not be that impulsive in filing legal charges in court. In fact, this may only prevent him/her in recovering suitable damages.

The first thing to do, then, is to approach the superior of the harasser and tell the entire story. In many occasions, the grievance or complaint process in the employment setting are effective enough in resolving these types of cases.

Yet, if the harasser happens to be one of the owners or a member of the board, it would be best to consult a lawyer for his advice and assistance.

In establishing a sexual harassment case, the victims must first examine all the issues that transpired. It is important to verify the nature of the sexual action and all other context in which the alleged sexual advances transpired. Hence, the victims may necessitate the aid of fine Los Angeles employment sexual harassment lawyers to help them with this legal endeavor.

Since the laws that cover sexual harassment in employment can be too intricate to understand, it is more advantageous to hire someone who has the capacity to evaluate a case and to prepare charges against the harasser. Filing a complaint with the Equal Employment Opportunity Commission requires large amount of efforts.

However, in searching for the right Los Angeles employment sexual harassment lawyers, the victims must first check on their capability and records of winning their cases. This is to make sure that their complaints will not just go into waste.

Several law firms and even solo practitioners in Los Angeles are advocating the cause of aggrieved or harassed employees. It is then for the sexual harassment victims to find someone whom they can trust and deal with.

More important, the victims must take their course of action immediately after the occurrence of such illegal conducts. Any delay delays in pursuing proper legal action will just lessen their chances of having positive resolution of their cases. So, it is always a nice move, consulting a lawyer whenever something illegal has been exercised.

To help you with sexual harassment and other discrimination issues, you can consult with our expert Los Angeles sexual harassment lawyers. You can visit our website to avail of our free case evaluation.