By Patricia Mulligan, Esq.
Sexual harassment in the workplace is an age-old problem receiving heightened scrutiny as of late due largely to the #MeToo movement that has swept our nation, and which continues to shine a light on workplace abuses and harassment that all too often had previously been ignored.
Studies have found that anywhere from 25 percent to as high as 85 percent of women report having experienced sexual harassment at work. This number is staggering, yet, when you speak with friends, family and colleagues, everyone has a story to tell. That story is a life experience that, many times, has never before been shared.
Why? Because women often stoically tolerate bad behavior because they “need the job” and are afraid that a complaint could jeopardize their employment or hinder promotional opportunities. Oftentimes, they are concerned about the stigma that might attach if they complained. Indeed, studies have also shown that many victims of sexual harassment did suffer retaliation when then spoke up. Retaliation can come in many shapes and sizes, including, but not limited to, a poor performance evaluation, the denial of a raise, an involuntary transfer, demotion, failure to promote, being ostracized and ridiculed in the workplace, and termination of employment.
Sexual harassment affects not only women, but men, too. According to one survey, at least 10 percent of men have experienced sexual harassment at work.
What is sexual harassment? Generally, it is any unwelcome and inappropriate behavior of a sexual nature that offends the recipient. Examples include crude jokes, sexual coercion, unwelcome sexual touching, cyber sexual harassment, genital flashing, sexual assault, leering, catcalls, being whistled at, displaying pornography, and groping. The harasser can be your boss or a co-worker. Both are unlawful.
Sexual harassment in the workplace knows no boundaries and cuts across virtually every workplace, regardless of your income, where you live, your race, your ethnicity or your age. Some industries are worse than others when it comes to workplace sexual harassment, such as male-dominated industries or low-wage jobs where workers feel even more powerless.
The bottom line is this: Sexual harassment in the workplace is unlawful. Local, state and federal laws exist to protect employees against demeaning and degrading behavior that simply has no place in the workplace. Retaliation for complaining of sexual harassment is also illegal.
Remedies available to employees found to have been the victim of unlawful sexual harassment may include, among others, compensatory damages for pain and suffering and lost wages, reinstatement, punitive damages, and attorney fees.
Employees who believe they have been subjected to unlawful sexual harassment should consult a labor and employment attorney to review the facts and circumstances of their situation.
This article is written by a member of the Oxman Law Group, PLLC (www.oxmanlaw.com). Any comments or inquiries are welcome and can be directed to Marc Oxman at 914-422-3900 or moxman@oxmanlaw.com.
