January 2, 2018

Different Understandings of Sexual Harassment

It’s clear that we are experiencing a unique cultural moment regarding sex harassment in the workplace. News stories about accused harassers break daily in the news, and the “silence breakers” were named Time Magazine’s Person of the Year. Amidst this constant conversation, a recent Reuters poll demonstrates that not everyone in the workplace has the same understanding of what constitutes sexual harassment.

The poll found that most adults agree that intentional groping or kissing “without your consent” is considered sexual harassment. People were more divided over whether “unwanted compliments about your appearance” or “dirty jokes” would be considered sexual harassment. Under the law, any of these acts can be considered sexual harassment. This poll illustrates a challenge employer’s face: ensuring that their employees behave lawfully both to protect all employees and to lower the employers risk of a lawsuit.

Interestingly, a survey by the New York Times found that 25% of men surveyed admitted to performing one action that could be classified as sexual harassment in their workplace by: telling inappropriate jokes or stories; making sexist remarks; showing sexual material; engaging in unwanted sex talk; making gestures; asking someone on a date after they said no; asking someone to be in a relationship after saying no; touching someone; stroking someone, or; sexually coercing a co-worker. Many of the men did not identify those behaviors as "harassing."

People’s perceptions of what constitutes sexual harassment are not completely in sync with their co-workers or with the law. Clear training and workplace policies are critical to ensure that employees all understand what is acceptable in the workplace.

Employers: contact us to conduct training and update policies

EMPLOYEES: Contact us if you are dealing with sex harassment at work

The Berke-Weiss Law Weekly Roundup: While the Outlook Darkens, We Celebrate Some Small Victories

July 31, 2020
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The clock has essentially wound down on extending assistance for the 30+ million Americans currently on the unemployment rolls. White House officials and Congressional Democrats remain miles apart, with the latter rejecting a temporary extension of the benefits. There are also huge question marks over issues we focus on, particularly child care and employment law, both of which were in the news this week and are the subject of several of the stories we feature

The Week in FFCRA Complaints: Employers Do Not Seem to Understand Mandated Worker Protections

July 31, 2020
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t is starting to seem, from our perspective, that either employers have not been made sufficiently aware of the leave entitled to workers under the FFCRA or that they are willing to risk a lawsuit for wrongful termination.

With the HEALS Act the Fight over Pandemic Lawsuits Takes Center Stage

July 30, 2020
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Earlier this week, Senate GOP leadership introduced their $1 trillion opening response to the $3 trillion Congressional HEROES Act, originally proposed in May. As we have noted, the signal demand coming from Mitch McConnell’s office is liability protection (the “L” in HEALS) for businesses and health care organizations. Translated, McConnell wants to prevent workers from suing employers if they contract coronavirus at work. And the GOP appears firm that without consensus on this issue, there will be no new stimulus.

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