EEOC Sexual Harassment

Although federal laws have been enacted to combat gender discrimination lawsuits in the workplace, the existence of sexual harassment continues to be a frequent occurrence in companies and institutional environments. Gender Sexual Harassment is a discriminatory violation of Title VII of the Civil Rights Act of 1964 that falls under the jurisdiction of the Equal Employment Opportunity Commission or EEOC regulations. The application of Title VII applies to employers with 15 or more employees and also includes federal, state and local government employers. An employer may be aware of the existence of this form of employment sex discrimination in his particular work setting, but may not understand how to deal with this illegal situation. This condition, according to EEOC gender discrimination statistics, can create poor employee morale that may negatively impact a company’s productivity and also lead to a costly EEOC sexual harassment settlements if not corrected.

The following facts are related to sexual harassment:

• The victim can be male or female
  
• A victim may be the same sex as the harasser
  
• A victim does not need to be the person harassed to be affected by the offence
  
• The harasser may be a supervisor or a co-worker

Sexual Harassment is defined as an unwelcomed sexual advance, a request for sexual favors, and other verbal or physical conduct of a sexual nature that has an affect on a person’s employment by interfering with job performance and creating a sexual harassment hostile environment. According to the EEOC, there were 12,025 charges of Sexual Harassment in 2006 and 15.4% of those were filed by men. In addition, 11,936 charges were resolved and $48.8 million was recovered in damages for those aggravated by Sexual Harassment offenses. These statistics support the fact that Sexual Harassment still exists, and at the same time, they should make clear to Employers that this type of work situation will not be tolerated since offended employees have a way to combat these illegal work situations.

Employers need to be aware of all types of discriminatory practices that may infiltrate the work environment. A policy of prevention is the best course to follow in order to eliminate any occurrence of these prohibited actions. In the case of workplace sexual harassment laws, employers are advised to inform their employees of company policies and provide training and a grievance process to handle any possible complaints. The law also prevents employers from retaliating against employees who have filed a charge or testified in any proceedings that look to correct sexual discrimination. The EEOC is charged with the responsibility to investigate and handle employment discrimination complaints. An experienced Employment sex discrimination attorney can assist any individual who is victimized by these practices and seeks to correct these wrongs through the legal system.

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