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 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.