by Long Island Attorney Paul A. Lauto, Esq.
Sexual harassment in the workplace is a very serious problem that is not exclusive to Hollywood. It is a form of gender based discrimination that is prohibited on a federal level by the Civil Rights Act Of 1964 and on the state level in New York by the Human Rights Law. These laws are essentially based upon the simple premise that employees have the right to work in a safe environment that is free from sexual harassment.
Although the definition of what constitutes sexual harassment may vary from state to state, courts and employers generally use the U.S. Equal Employment Opportunity Commission (EEOC) definition giudelines. The EEOC guidelines state in part that unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when:
1. submission to such conduct is a condition for employment,
2 submission to or rejection of such conduct is used as a basis for employment decisions or
3. such conduct unreasonably interferes with work performance or creates an intimidating, hostile or offensive work environment.
Accordingly sexual harassment may include, but is not limited to, sexually offensive jokes or remarks, requests of a sexually suggestive nature, displaying pornographic images, comments about sexual preferences and sexual gestures.
These laws are not designed to magnify political correctness, but rather to protect employees from abuse and to protect their right to work in a safe and hostility free environment. No person should ever have to choose between submitting to or accepting sexual harassment in the workplace and putting food on their table. It is incumbent upon all of us to safeguard and protect against all forms of sexual harassment and to promote propriety and respect. Perhaps if we all focus more on respect and teach our children to do the same, the benefits will pay dividends for generations to come.
Long Island Lawyer
Paul A. Lauto, Esq.
www.liattorney.com
Sexual harassment in the workplace is a very serious problem that is not exclusive to Hollywood. It is a form of gender based discrimination that is prohibited on a federal level by the Civil Rights Act Of 1964 and on the state level in New York by the Human Rights Law. These laws are essentially based upon the simple premise that employees have the right to work in a safe environment that is free from sexual harassment.
Although the definition of what constitutes sexual harassment may vary from state to state, courts and employers generally use the U.S. Equal Employment Opportunity Commission (EEOC) definition giudelines. The EEOC guidelines state in part that unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when:
1. submission to such conduct is a condition for employment,
2 submission to or rejection of such conduct is used as a basis for employment decisions or
3. such conduct unreasonably interferes with work performance or creates an intimidating, hostile or offensive work environment.
Accordingly sexual harassment may include, but is not limited to, sexually offensive jokes or remarks, requests of a sexually suggestive nature, displaying pornographic images, comments about sexual preferences and sexual gestures.
These laws are not designed to magnify political correctness, but rather to protect employees from abuse and to protect their right to work in a safe and hostility free environment. No person should ever have to choose between submitting to or accepting sexual harassment in the workplace and putting food on their table. It is incumbent upon all of us to safeguard and protect against all forms of sexual harassment and to promote propriety and respect. Perhaps if we all focus more on respect and teach our children to do the same, the benefits will pay dividends for generations to come.
Long Island Lawyer
Paul A. Lauto, Esq.
www.liattorney.com
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