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 Week in FFCRA Complaints

June 26, 2020
Paid Family Leave
Disability Discrimination
This is the second installment in our roundup of FFCRA complaints. As we noted in the first post, we will be keeping you up to date with all the cases and highlighting the ones that we think have special bearing on our practice, employment law in New York State, or are just particularly noteworthy.

Berke-Weiss Law attends City Bar Webinar on Pregnancy during the Pandemic

June 25, 2020
Pregnancy Discrimination
Since the end of March, we’ve spent a great deal of time talking about the economic and social impacts of coronavirus and the lockdowns on working parents, but today we want to talk about how it’s affecting pregnancy. Specifically, what is and isn’t being done to help pregnant women during this incredibly strange and new time.

Berke-Weiss Law Weekly Roundup

June 19, 2020
No items found.
In this edition, we’re looking at several employment-related stories, including more news on the childcare front, new considerations for coronavirus workplace safety, as well as some news about a project in which the Firm is participating.

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