Category : Sexual Harassment
A major lawsuit against Walmart, which is being called by some the biggest sexual discrimination class action lawsuit in U.S. history, has been allowed to proceed by a federal appeals court in San Francisco, California.
The legal action began in 2001 with six female Walmart employees, but now includes more than a million women. The lawsuit my cost the retail giant billions of dollars in damages.
The historic lawsuit claims that female employees were paid less than their male counterparts, and received smaller raises and fewer promotions. According to the New York Times, women are only 33 percent of Walmarts managers, but comprise 65 percent of hourly employees.
Walmart plans to appeal the decision to the U.S. Supreme Court.
If you have been the victim of sexual discrimination at your workplace, it is a good idea to consult with a sexual discrimination attorney in your area.
http://blogs.forbes.com/work-in-progress/2010/04/27/wal-mart-faces-the-largest-sex-discrimination-lawsuit-in-u-s-history/
If you have ever been approached by a superior or any other person in authority at your workplace who implied that your job benefits or ongoing employment were contingent upon you granting sexual favors to him or her then you are a victim of quid pro quo sexual harassment.
Sexual harassment is never acceptable, but when there is harassment in the workplace with conditions attached, it is even more disturbing as it creates a hostile work environment. According to Title VII of the Civil Rights Act of 1964, workplace harassment is a form of sexual discrimination.
The following warning signs are indications that you likely have a quid pro quo sexual harassment case against your employer:
- He or she has demanded sexual favors in return for ongoing employment
- He or she has demanded sexual favors in return for various job benefits such as promotions, salary increases, preferential shift or select work assignments, and/or favorable performance expectations
- He or she has threatened the loss of job benefits and/or implied job termination if you reject sexual advances
If any of these situations has happened to you in your workplace, then harassment in the workplace has occurred and you may be entitled to compensation, including the possible reinstatement of your job.
Learn more about quid pro quo sexual harassment.
Sexual harassment can be painful no matter what your gender. When you’re sexually harassed as a man it can bring extra grief because of the stigma attached to the word. According to the U.S. Equal Employment Opportunity Commission, men are increasingly on the receiving end of sexual harassment.
The aggressor tends to firmly fixate on male stereotypes and reacts negatively to anyone who threatens that image.
Sexual harassment is harmful in a number of ways. Among them is the confusion the harassed person feels by the confrontation. Many aren’t able to consciously recognize what has happened and therefore are reluctant to share the experience with others.
The Sexual Harassment Support Community offers several reasons why it is difficult for men to articulate and come forward when sexually harassed. Confusion, embarrassment and guilt are among some of the emotions that arise. Others include:
Denial that this could happen to you
- Fear of what others might think
- Numbing yourself to gain distance from the feelings invoked
- Fear of retaliation if you come forward
Many other emotions may arise as well.
The best steps to take to counter sexual harassment are to:
Inform the perpetrator that you believe you are sexually harassed. Do not, however, take retribution.
- Speak with your human resources department about the policies in effect and actions they will take.
- Contact the EEOC for additional aid, if necessary.
- Contact an employment lawyer who can advise you on your rights and how best to proceed.
As frightening as it is to be sexually harassed, there are policies in place to assist you. Seek out help and assure your rights are preserved.
So how do you know when someone has crossed the line into sexual harassment? Think about situations you have been in, whether in the workplace or even in social situations.
How did you feel when the conversation became a little too personal and sexual innuendoes or outright explicit comments were made? How about when a co-worker’s hand lingered just a little too long on your arm, back, or some other part of your body?
Perhaps someone stood just a little too close, for too long, and you started feeling trapped. Or even worse, if someone blatantly propositioned you, or made requests for sexual favors especially if it was made clear that your job depended on it! No question about it, you have been sexually harassed!
It’s bad enough to experience sexual harassment in the workplace imagine serving your country as part of the military in another part of the world and enduring such behavior.
Sadly, this is often the case since one third of all female military personnel revealed incidents of sexual harassment in the military, according to statistics released by the Pentagon in March, 2008. In fact, nearly a quarter of all female veterans suffer from a variation of post-traumatic stress disorder (PTSD) known as “military sexual trauma” according to a 2008 CNN report.
If you or a loved one has suffered sexual harassment in either the workplace or in the military there is help available. Talk with a professional sexual harassment attorney.
When Rachel Casey began working as a senior office assistant in the Human Resources Department of DeKalb County in Georgia, the last thing she thought she would be filing was a sexual harassment lawsuit.
Over the 11 month period Casey worked in the county office she claims her supervisor repeatedly made inappropriate comments, advances, and physical actions that made her work situation uncomfortable.
One of the alleged incidents even took place directly after Casey had completed her mandatory sexual harassment seminar. Casey claims that after she completed the seminar her supervisor told her, “Now you have learned what I have been doing to you.”
After filing a sexual harassment complaint in November 2008 with DeKalb County, Casey was fired from her position. If Casey and her lawyer can prove her termination was a direct result of filing a complaint, which some evidence suggests, further legal action can be taken.
It is illegal for any employer to retaliate against an employee for filing a sexual harassment complaint.
The Equal Employment Opportunity Commission (EEOC) reported that they received 13,867 charges of sexual harassment during the 2008 fiscal year. Of those, 11,731 were resolved and $47.4 million dollars in monetary benefits were recovered for the charging parties and other aggrieved individuals.
READ MORE ABOUT SEXUAL HARASSMENT
