Carroll & McDonald, Attorneys at Law
Milwaukee, Wisconsin
1-877-878-5914 | E-Mail
Sexual Harassment is Illegal
Both State and Federal law prohibit sexual harassment in the workplace.
What is Sexual Harassment?
You are a victim of sexual harassment in the workplace if you are subjected to unwelcome sexual advances, unwelcome requests for sexual favors, unwelcome physical contact of a sexual nature or unwelcome verbal or visual conduct of a sexual nature. Unwelcome verbal or physical conduct of a sexual nature includes but is not limited to the deliberate, repeated making of unsolicited gestures or comments of a sexual nature; the deliberate and repeated display of offensive sexually graphic materials which is not necessary for business purposes.
Sexual harassment is a form of gender based discrimination and is generally broken down into two categories. The first is "quid pro quo" harassment which means that submission to sexual advances or sexual favors is made a condition of employment. For example, if your supervisor says that you will be fired unless you engage in sexual activity or offers to promote you if and only if you engage in sexual activity, you are the victim of quid pro quo sexual harassment.
The second is generally referred to as "Hostile Working Environment" sexual harassment which means that unwanted physical, verbal or visual conduct of a sexual nature affects the victim's ability to perform his or her job and creates a work environment that is intimidating, hostile or offensive.
Many people believe that sexual harassment can only be done by men to women. This common misconception is patently false. Both men and women can be victims of sexual harassment perpetrated by both men and women.
What should I do if I am the victim of Sexual Harassment?
It is important to immediately report sexual harassment. Your employer cannot take action to remedy the situation unless you make them aware that harassment has occurred. In fact, failing to timely report sexual harassment may adversely affect your legal rights.
Most companies have a written sexual harassment policy. If your employer has a policy, follow the policy to the letter. If your employer does not have a sexual harassment policy, report the harassment to your direct supervisor. If your direct supervisor is the harasser then report the harassment to your supervisor's supervisor or Human Resources.
Many victims do not report sexual harassment and many others do not do so in a timely fashion. Often victims feel ashamed that the conduct occurred and wish to keep it secret. Others may blame themselves. Some fear retribution or retaliation. Being the victim of sexual harassment is not something to be ashamed about, it is a relatively common workplace problem. Victims should not blame themselves. Often a harasser slowly escalates inappropriate conduct such that the victim feels as though she/he cannot complain because they initially condoned the harassment. Welcome conduct can become unwelcome. There is no shame in saying "enough is enough."
It is best to report sexual harassment in a manner in which you can retain proof of the date and substance of the report. You should also keep a log or diary in which you keep track of the days, times and detailed descriptions of harassing behavior.
Your employer may not retaliate against you for reporting sexual harassment in the workplace. Retaliation can include but is not limited to enforcing rules more strictly, judging performance more critically and altering terms, conditions or privileges of employment such as working hours, wages, work assignments, etc. If you have reported sexual harassment and feel as though you are being retaliated against, it is important to report the retaliation.
Protect your rights
You need not quit your job if you are the victim of sexual harassment, have reported sexual harassment and your employer has not taken action or have been the victim of retaliation for complaining about sexual harassment. In fact, unless the sexual harassment and/or retaliation for complaining is so severe that a reasonable person would have no choice but to quit, your legal rights may be adversely affected by quitting your job.
You may file a Complaint with the Wisconsin Department of Workforce Development - Equal Rights Division or with the federal Equal Employment Opportunity Commission if you are the victim of sexual harassment or retaliation.
Contact Carroll & McDonald, Attorneys at Law
If you believe you have been the victim of unlawful sexual harassment contact our office for immediate and practical legal advice. In the initial consultation, we will conduct a detailed interview to find out exactly what happened and how we might be able to help. We will ask you detailed questions about the facts of your case, discuss your particular goals and discuss the legal options available to you to meet those goals.
To schedule an appointment, contact our office today. Call toll-free to 1-877-878-5914, or send us an e-mail for a prompt response.
