How to Identify Sexual Harassment

Whenever there is inappropriate behavior at the workplace or place of learning, it is difficult to identify it. The victims suffer a lot of mental and physical harassment because of the undesirable treatment of the employer. Sexual harassment lawyers would help you to identify such unwanted behavior and file suits to put an end to such actions.

What is sexual harassment?

The fair employment and housing act define sexual harassment as wrongful advances to satisfy one's lust. It also includes harassment based on the gender of the employee at the workplace. If there is a disparity in treatment due to pregnancy,Guest Posting childbirth, or medical conditions, it can be considered sexual harassment. The Californian law forbids discrimination based on race, color, origin, sexual orientation, physical or mental incapacity.

According to Title VII of the civil right act, if any male superior authority subjects any male subordinate to any inappropriate sexual acts or gives rape threats or physical assault, that also amounts to sexual harassment in the workplace. The Fair Employment and housing act also contain the same provisions regarding sexual harassment. Most importantly, a single gesture or act of harassment is enough for the action to qualify as a sexual harassment act

Does the victim have any right to file a case in case of inaction by an employer?

If an employer knows about prevailing sexual harassment in the workspace and refrains from taking action, the employee can file a case for sexual harassment and inaction of the employer. Furthermore, one can experience sexual harassment from the sexual predator himself. Or when people belonging to a peer group makes teasing, offhand comments that create a negative emotional state, it also amounts to sexual harassment. When an employer extends preferential treatment towards a particular employee about working hours, the promotion will also amount to sexual harassment.

How to identify an act of unwelcome sexual advance?

It is hard to identify sexual harassment sometimes. It may come from a person in any relationship like a teacher, employer, supervisor, colleague. It can be in any form like:

• Sexual assault.

• Request for sexual favors.

• Incorporating conditions in employment like promotion based on sexual favors directly or indirectly.

• Inappropriate touch or gesture.

• Cracking jokes or making remarks that indicate implicit requests for sexual acts.

• Sending obscene pictures, messages, or doing unwanted sexual acts to oneself.

Is there any difference between sexual assault and sexual misconduct?

Sexual harassment includes both sexual assault and sexual misconduct. Sexual assault happens when the predator tries to prey on the victim, taking advantage of his position in the organizational hierarchy. Everyone has a right to learn or work without subjecting oneself to harassment. When it happens, the predator violates civil laws. On the contrary, in the case of sexual assault, it is a criminal act directed towards the victim. Sexual assault includes forceful penetration or rape, touching to have a sexual relationship with the victim.

What does a sexual harassment lawyer do?

Whenever an employee or student doubts inappropriate behavior in the workplace or college, call a sexual harassment lawyer for guidance. Only a sexual harassment lawyer can gauge your situation and come up with advice to identify the gravity of the problem. Such conditions steal mental peace and happiness from the victim. Even the best sexual harassment lawyers d agree that each situation is different, and a detailed study of the case is desirable in every case. In some cases, the victims want to restrain the predator from continuing with his behavior. In other cases, the victim may file a compensation case. Sometimes, the employee may file a suit against the harassing employer with the Human resource department. Sometimes, it is inevitable to file a lawsuit with the Department of fair employment and housing or the equal employment opportunity commission.