Worker News
Weekly (10/1/18)
This week's contents:
Topic of the Week Dealing with Sexual Harassment and the Aftermath
I’m being sexually harassed, I just want it to stop. What do I do?
- Tell them their behavior is unwelcome
- Communicate directly
- Tell your supervisor or human resources department
After I was harassed, I complained to the company and it took care of the problem by transferring the harasser. Can I still file a lawsuit?
- How did the company react?
- Did the companies action resolve the problem?
- Did the company take action against you?
After I complained about harassment I'm now known as a troublemaker and I haven't been given the overtime hours I used to routinely receive. Is this legal?
- was a negative employment action taken against you?
- Was the action a result of your complaint about harassment?
Dealing with Sexual Harassment and the Aftermath:
I’m being sexually harassed, I just want it to stop. What do I do?
Since one of the legal requirements for sexual harassment is that the conduct be "unwelcome," make sure your supervisor knows that you consider their conduct to be unwelcome. Tell the person that this behavior offends you. Firmly refuse all invitations for dates or other personal interaction outside of work. Don't engage in sexual banter or flirt back in response.
Direct communication, whether verbal or in writing, is better than ignoring the behavior and hoping it will go away, so if you do not feel comfortable talking to your supervisor in person, you may wish to prepare a letter to ensure that they know exactly how you feel.
If that doesn't work, you may want to tell your supervisor, your human resources department or some other department or person within your organization who has the power to stop the harassment. This does not require you to file a lawsuit or hire an attorney and may be sufficient to resolve the problem without further legal action. However, you should be aware that the time deadline to file a legal complaint starts running on the date of the harassment, not the date which your company resolves (or fails to resolve) your complaint, so do not miss legal filing deadlines waiting on the company to resolve the situation.
After I was harassed, I complained to the company and it took care of the problem by transferring the harasser. Can I still file a lawsuit?
It depends. A company that was previously unaware of a harasser's conduct, and that took immediate and effective action once the harassing conduct was brought to the company's attention, is likely to successfully defend a lawsuit brought by a complaining employee where there has not been a tangible employment action against the employee. If there has not been a tangible employment action then you can only prevail by showing that the company was negligent in allowing the harassment to occur.
In this case, employers have two defenses available to them; first, they can argue that they have exercised reasonable care to prevent or correct any harassing behavior, and second, the company can allege that the plaintiff unreasonably failed to take advantage of the preventive or corrective opportunities that the employer provided.
Where there has been a tangible employment action, the company's response does not affect whether you can bring a legal claim. Also, if the transfer was not effective to stop the harassment (the harasser harasses people in his or her new department or location), then unless they take further action, the likelihood of a negligence finding increases.
After I complained about harassment I'm now known as a troublemaker and I haven't been given the overtime hours I used to routinely receive. Is this legal?
Not only can sexual harassment be against the law but retaliating (taking revenge) against someone for complaining about sexual harassment or for participating in an investigation of sexual harassment can be against the law as well.
Some examples of retaliation include:
• being forced to take an unpaid leave of absence after complaining about harassment, although the harasser continues to work;
• being reassigned to a less desirable position in the same or different department after you write a letter about harassment you have witnessed;
• having your hours cut or overtime taken away after you complain about harassment, if it can be shown that the lack of overtime assignments was related to your complaint rather than a business downturn or other business-related reason.
If your employer retaliates against you for complaining about sexual harassment or for participating as a witness in an investigation of sexual harassment, you may take any or all of the same steps suggested here for those who have been harassed. It may be more difficult to address your coworkers' poor treatment of you, unless you can show that your employer, through its managers or supervisors, has encouraged them to give you the silent treatment. If so, this may be additional evidence of retaliation. If not, you may want to enlist the assistance of a sympathetic coworker or supervisor to see if the situation can be improved.
Thought of the Week
"We’re protesting today and this is more important than work. We have the strength to protect one another and demand the justice we deserve."
–#MeToo McDonalds protestor Kimberly Lawson.
Weekly Comic by Jerry King
Blog of the Week
Top Five News Headlines
List of the Week
from Workplace Fairness
Top Searches in Harassment This Week:
Sexual Harassment: Legal Standards
Racial Harassment
Sexual Harassment: Application of the Law
Sexual Harassment: Practical Strategies
Filing a Harassment Claim
Weekly: Archive
Select a date from the list below.
- December 9, 2019
- December 2, 2019
- November 25, 2019
- November 18, 2019
- November 11, 2019
- November 4, 2019
- October 28, 2019
- October 7, 2019
- September 30, 2019
- September 16, 2019
- September 2, 2019
- August 26, 2019
- July 29, 2019
- July 15, 2019
- June 17, 2019
- June 10, 2019
- May 6, 2019
- April 29, 2019
- April 22, 2019
- April 15, 2019
- April 8, 2019
- March 25, 2019
- March 11, 2019
- March 4, 2019
- February 25, 2019
- February 18, 2019
- February 11, 2019
- January 28, 2019
- January 21, 2019
- January 14, 2019
- December 17, 2018
- December 3, 2018
- November 26, 2018
- November 5, 2018
- October 29, 2018
- October 15, 2018
- October 8, 2018
- October 1, 2018
- September 24, 2018
- September 10, 2018
- September 3, 2018
- August 29, 2018
- August 6, 2018
- July 23, 2018
- June 25, 2018
- June 18, 2018
- June 11, 2018
- June 4, 2018
- May 28, 2018
- May 21, 2018
- May 7, 2018
- April 30, 2018
- April 23, 2018
- April 16, 2018
- April 9, 2018
- April 2, 2018
- March 26, 2018
- March 19, 2018
- March 12, 2018
- February 26, 2018
- February 5, 2018
- January 29, 2018
- January 22, 2018
- January 8, 2018
- January 1, 2018
- December 18, 2017
- December 11, 2017
- December 4, 2017
- November 27, 2017
- November 13, 2017
- November 6, 2017
- October 30, 2017
- October 23, 2017
- October 16, 2017
- October 9, 2017
- October 2, 2017
- September 25, 2017
- September 18, 2017
- September 11, 2017
- September 4, 2017
- August 28, 2017
- August 21, 2017
- August 14, 2017
- August 7, 2017
- July 31, 2017
- July 24, 2017
- July 17, 2017
- July 3, 2017
- June 26, 2017
- June 12, 2017
- June 5, 2017
- May 29, 2017
- May 22, 2017
- May 15, 2017
- May 8, 2017
- May 1, 2017
- April 24, 2017
- April 19, 2017
- April 10, 2017
- April 3, 2017
- March 20, 2017
- March 13, 2017
- March 6, 2017
- February 27, 2017
- February 20, 2017
- February 13, 2017
- February 6, 2017
- January 30, 2017
- January 23, 2017
- January 16, 2017
- January 9, 2017
- January 2, 2017
- December 19, 2016
- December 12, 2016
- December 5, 2016
- November 21, 2016
- November 14, 2016
- November 7, 2016
- October 31, 2016
- October 24, 2016
- October 17, 2016
- October 10, 2016
- October 3, 2016
- September 26, 2016
- September 19, 2016
- September 12, 2016
- September 5, 2016
- August 29, 2016
- August 22, 2016
- August 15, 2016
- August 8, 2016
- August 1, 2016
- July 25, 2016
- July 18, 2016
- July 11, 2016
- July 4, 2016
- June 27, 2016
- June 20, 2016
- June 13, 2016
- June 6, 2016
- May 30, 2016
- May 23, 2016
- May 16, 2016
- May 9, 2016
- May 2, 2016
- April 25, 2016
- April 18, 2016
- April 11, 2016
- April 4, 2016
- March 28, 2016
- March 21, 2016
- March 14, 2016
- March 7, 2016
- February 29, 2016
- February 22, 2016
- February 15, 2016
- February 8, 2016
- February 1, 2016
- January 25, 2016
- January 18, 2016
- January 11, 2016
- January 4, 2016
- December 21, 2015
- December 14, 2015
- December 7, 2015
- November 30, 2015
- November 23, 2015
- November 16, 2015
- November 9, 2015
- November 2, 2015
- October 26, 2015
- October 19, 2015
- October 12, 2015
- October 5, 2015
- September 28, 2015
- September 21, 2015
- September 14, 2015
- September 7, 2015
- August 31, 2015
- August 24, 2015
- August 17, 2015
- August 10, 2015
- August 3, 2015
- July 27, 2015
- July 20, 2015
- July 13, 2015
- July 6, 2015
- June 29, 2015
- June 22, 2015
- June 15, 2015
- June 8, 2015
- June 1, 2015
- May 25, 2015
- May 18, 2015
- May 11, 2015
- May 4, 2015
- April 27, 2015
- April 20, 2015
- April 13, 2015
- April 6, 2015
- March 30, 2015
- March 23, 2015
- March 16, 2015
- March 9, 2015
- March 2, 2015
- February 23, 2015
- February 16, 2015
- February 9, 2015
- February 2, 2015
- January 26, 2015
- January 19, 2015
- January 12, 2015
- January 5, 2015
- December 29, 2014
- December 15, 2014
- December 8, 2014
- December 1, 2014
- November 7, 2014
- October 15, 2014
- October 8, 2014
- October 1, 2014
- September 24, 2014
- September 17, 2014
- September 11, 2014
- September 3, 2014
- August 19, 2014
- July 14, 2014
- June 24, 2014
- June 9, 2014
- May 26, 2014
- May 19, 2014
- May 5, 2014
- April 27, 2014
- April 14, 2014
- April 8, 2014
- April 2, 2014
- March 24, 2014
- March 18, 2014
- March 10, 2014
- March 3, 2014
- February 24, 2014
- February 17, 2014
- February 3, 2014
- January 27, 2014
- January 20, 2014
- December 30, 2013
- December 11, 2013
- December 4, 2013
- November 20, 2013
- November 12, 2013
- October 30, 2013
- October 21, 2013
- October 8, 2013
- October 1, 2013
- September 23, 2013
- September 20, 2013
- September 9, 2013
- September 4, 2013
- August 27, 2013
- August 19, 2013
- August 12, 2013
- August 5, 2013
- July 30, 2013
- July 22, 2013
- July 8, 2013
- July 1, 2013
- June 24, 2013
- June 17, 2013
- June 10, 2013
- June 3, 2013
- May 20, 2013
- May 13, 2013
- May 6, 2013
- April 29, 2013
- April 23, 2013
- April 16, 2013
- April 15, 2013
- April 8, 2013
- April 1, 2013
- March 26, 2013
- March 18, 2013
- March 12, 2013
- March 5, 2013
- February 25, 2013
- February 19, 2013
- February 4, 2013
- January 28, 2013
- January 22, 2013
- January 14, 2013
- January 7, 2013
- January 2, 2013
- December 24, 2012
- December 17, 2012
- December 10, 2012
- December 3, 2012
- November 26, 2012
- November 19, 2012
- October 29, 2012
- October 22, 2012
- October 15, 2012
- October 8, 2012
- October 1, 2012
- September 24, 2012
- September 17, 2012
- September 10, 2012
- September 4, 2012
- August 27, 2012
- August 20, 2012
- August 14, 2012
- August 6, 2012
- July 30, 2012
- July 23, 2012
- July 9, 2012
- June 19, 2012
- June 11, 2012
- June 4, 2012
- May 29, 2012
- May 21, 2012
- May 8, 2012
- April 30, 2012
- April 23, 2012
- April 16, 2012
- April 2, 2012
- March 27, 2012
- March 19, 2012
- March 13, 2012
- March 6, 2012
- February 14, 2012
- February 6, 2012
- January 30, 2012
- January 17, 2012
- January 9, 2012
- January 3, 2012
- December 27, 2011
- December 12, 2011
- November 27, 2011
- November 20, 2011
- November 13, 2011
- November 7, 2011
- October 24, 2011
- October 17, 2011
- October 10, 2011
- October 3, 2011
- September 26, 2011
- September 12, 2011
- September 5, 2011
- August 29, 2011
- August 1, 2011
- July 11, 2011
- July 4, 2011
- June 27, 2011
- June 20, 2011
- May 23, 2011
- May 9, 2011
- April 26, 2011
- April 18, 2011
- April 14, 2011
- April 5, 2011
- March 28, 2011
- March 21, 2011
- March 7, 2011
- February 28, 2011
- February 21, 2011
- February 15, 2011
- February 7, 2011
- January 24, 2011
- January 3, 2011
- December 20, 2010
- December 13, 2010
- December 6, 2010
- November 21, 2010
- November 14, 2010
- November 8, 2010
- November 1, 2010
- October 18, 2010
- October 4, 2010
- September 27, 2010
- September 20, 2010
- September 6, 2010
- August 30, 2010
- August 16, 2010
- August 9, 2010
- August 2, 2010
- July 26, 2010
- July 19, 2010
- July 12, 2010
- June 28, 2010
- June 21, 2010
- June 14, 2010
- June 7, 2010
- May 31, 2010
- May 24, 2010
- May 17, 2010
- May 10, 2010
- May 3, 2010
- April 26, 2010
- April 19, 2010
- April 12, 2010
- April 5, 2010
- March 29, 2010
- March 22, 2010
- March 15, 2010
- March 8, 2010
- March 1, 2010
- February 22, 2010
- February 14, 2010
- February 8, 2010
- February 1, 2010
- January 25, 2010
- January 18, 2010
- January 11, 2010
- January 4, 2010
- December 28, 2009
- December 21, 2009
- December 14, 2009
- December 7, 2009
- November 30, 2009
- November 22, 2009
- November 15, 2009
- November 8, 2009
- November 1, 2009
- October 26, 2009
- October 12, 2009
- October 5, 2009
- September 28, 2009
- September 21, 2009
- September 14, 2009
- September 6, 2009
- August 31, 2009
- August 17, 2009
- August 10, 2009
- August 3, 2009
- July 27, 2009
- July 20, 2009
- July 13, 2009
- July 6, 2009
- June 29, 2009
- June 22, 2009
- June 15, 2009
- June 8, 2009
- June 1, 2009
- May 25, 2009
- May 18, 2009
- May 8, 2009
- April 27, 2009
- April 20, 2009
- April 13, 2009
- April 6, 2009
- March 30, 2009
- March 23, 2009
- March 16, 2009
- March 8, 2009
- March 2, 2009
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