Frisco Sexual Harassment Law

Although there are laws in place protecting employees from sexual harassment, it is still not possible to prevent it altogether. There are usually many internal elements that are attributing to the harassment. It is important to note that what constitutes sexual harassment is basically vague since what one may consider as sexually harassing may not be considered as harassment by another.  However, if you feel uncomfortable because of an unwelcome act either directed towards you or to a coworker, you can always file a sexual harassment claim.

According to the EEOC or the US Equal Employment Opportunity Commission, any sexual advances either verbal or physical are considered sexual harassment if these acts are unwelcomed by the receiver. It can also be done by members of the same gender and the harasser does not necessarily have to be in a superior position over his or her victim.

Who can be affected?

Anyone can file a sexual harassment charge even if they are not the one being harassed. Any person who is offended by the nature of the act can file a complaint. Usually, this is an administrative case i.e. a case that the company will have to handle first but if it cannot be resolved within the workplace, the complainant can always file his or her complaint to the EEOC. Companies usually have the same policies for filing and handling sexual harassment complaints while some do not have any in place. EEOC says that charges should be filed within 180 days of the act or violation.

What are your rights?

It is interesting to note that very few people file a complaint for sexual harassment but one has to know one’s rights. Every person has the legal right to be in a workplace free from sexual harassment and also has the right to not receive retaliation from harasser either for firing a charge or testifying for the sake of the victim.

If you think you have been sexually harassed in the workplace, you should file charges with the EEOC. You would need to do this before you can file a lawsuit.

History of the Law

The term sexual harassment was first used in a report addressed to the president of MIT in the year 1973. However, the term has already been in circulation in earlier in the 70s among women’s groups in the State of Massachusetts. The law does not prohibit offhand comments or innocent teasing but these two acts can become illegal once they become frequent or severe that the victim finds the environment hostile. It is important to note that the person doing the harassment i.e. the harasser may not know he or she is harassing another individual. There are different behavioral classes under sexual harassment but according to Dzeich et al, the two broad classes of sexual harassment are public and private. Public harassers usually harass just about anyone while private harassers maintain a respectable image and only change their demeanor when they are with their target.

There are also predatory harassers, dominance harassers and territorial harassers. If you have been a victim of sexual harassment in the workplace, please consult your trusted Frisco attorney's to discuss your options.