| SHULTZ REPRESENTS VICTIMS OF SEXUAL HARASSMENT |
| Kansas employment law attorney representing Kansas employees in employment disputes concerning race, age and gender discrimination, disability issues, family medical leave, civil rights, due process, sexual harassment, wage and hour disputes, wrongful discharge and termination in Kansas City, Johnson County, Overland Park, Topeka, Wichita, and across the state of Kansas. Kansas employees who believe their employment rights have been violated should contact a competent Kansas employment rights attorney who knows federal and Kansas law. |
I represent clients in sexual harassment cases before the
EEOC and in the federal courts. Sexual harassment
continues to be one of the most common forms of
discrimination in the workplace. Although men can be
victims of sexual harassment, and employees can be
victimized by members of their same gender (women who
mistreat only women), the vast majority of sexual
harassment in the workplace involves men harassing women.
If you believe that you might have been sexually harassed,
there is a good chance that you were. In 2007, there were
12,500 charges of sexual harassment filed with the EEOC.
This number has remained fairly constant for 10 years, which
indicates that the employers are not getting the message and
putting an end to this practice.
Unfortunately, the cartoon below shows the attitude
of many businesses toward women. Too often, women are
not valued for their education, experience and skills.
Although it is obvious that employers cannot discriminate in
the hiring, promotion and firing of employees based on
gender, the nature of sexual harassment is that it can be
difficult to describe and often can be difficult to prove. The
information below should help you determine if you have
been the victim of sexual harassment and whether you want
to make your rights matter.
EEOC and in the federal courts. Sexual harassment
continues to be one of the most common forms of
discrimination in the workplace. Although men can be
victims of sexual harassment, and employees can be
victimized by members of their same gender (women who
mistreat only women), the vast majority of sexual
harassment in the workplace involves men harassing women.
If you believe that you might have been sexually harassed,
there is a good chance that you were. In 2007, there were
12,500 charges of sexual harassment filed with the EEOC.
This number has remained fairly constant for 10 years, which
indicates that the employers are not getting the message and
putting an end to this practice.
Unfortunately, the cartoon below shows the attitude
of many businesses toward women. Too often, women are
not valued for their education, experience and skills.
Although it is obvious that employers cannot discriminate in
the hiring, promotion and firing of employees based on
gender, the nature of sexual harassment is that it can be
difficult to describe and often can be difficult to prove. The
information below should help you determine if you have
been the victim of sexual harassment and whether you want
to make your rights matter.
| Michael M. Shultz An employment attorney for Kansas employees 913-385-0808 or 785-838-4300 |
The EEOC defines sexual harassment as unwelcome sexual
advances, requests for sexual favors and other verbal or physical
conduct of a sexual nature when (1) submission to such conduct is
made a term or condition of an individual's employment,
even if implicitly, (2) submission to or rejection of such conduct by an
employee is made the basis of decisions affecting the employee, or
(3) such conduct has the purpose or effect of unreasonably interfering
with an individual's work performance or creating an intimidating,
hostile or offensive working environment.
Courts have generally divided sexual harassment into two types:
quid pro quo, where sexual favors are sought in exchange for job
benefits, and hostile work environment where sexual conduct creates
an offensive working environment. There are certain signs
of a hostile work environment: requests for sexual favors, even dates,
especially where you have indicated that this is unwelcome;
demeaning sexual inquiries and vulgarities; offensive language
including sexually explicit language and language that reveals a bias
and hostility toward women; unwelcome touching; sexist cartoons or
pornography in the workplace; or crude practical jokes.
Most often, sexual harassment is directed at the person who is the
victim of the harassment, but a woman who witnesses sexual
harassment against other women can also be the victim based upon
the totality of circumstances in the work environment. A hostile work
environment can be created by business owners, managers and
co-workers.
advances, requests for sexual favors and other verbal or physical
conduct of a sexual nature when (1) submission to such conduct is
made a term or condition of an individual's employment,
even if implicitly, (2) submission to or rejection of such conduct by an
employee is made the basis of decisions affecting the employee, or
(3) such conduct has the purpose or effect of unreasonably interfering
with an individual's work performance or creating an intimidating,
hostile or offensive working environment.
Courts have generally divided sexual harassment into two types:
quid pro quo, where sexual favors are sought in exchange for job
benefits, and hostile work environment where sexual conduct creates
an offensive working environment. There are certain signs
of a hostile work environment: requests for sexual favors, even dates,
especially where you have indicated that this is unwelcome;
demeaning sexual inquiries and vulgarities; offensive language
including sexually explicit language and language that reveals a bias
and hostility toward women; unwelcome touching; sexist cartoons or
pornography in the workplace; or crude practical jokes.
Most often, sexual harassment is directed at the person who is the
victim of the harassment, but a woman who witnesses sexual
harassment against other women can also be the victim based upon
the totality of circumstances in the work environment. A hostile work
environment can be created by business owners, managers and
co-workers.
The EEOC and the Definition of
Sexual Harassment
Sexual Harassment
Sexual harassment is not just about men coming onto women
in the workplace. Many times sexual harassment is about
sexual animus--that is, hostility toward a gender. While some
men might see women as an opportunity for sex in the
workplace, others strongly object to the presence of women
and are openly hostile towards them. This can be true in both
blue collar and white collar jobs. So, sexual harassment can
be based upon sex, and upon sexual animus.
Either way, it is illegal!
in the workplace. Many times sexual harassment is about
sexual animus--that is, hostility toward a gender. While some
men might see women as an opportunity for sex in the
workplace, others strongly object to the presence of women
and are openly hostile towards them. This can be true in both
blue collar and white collar jobs. So, sexual harassment can
be based upon sex, and upon sexual animus.
Either way, it is illegal!
Sexual Animus---hostility
toward women in the
workplace
toward women in the
workplace
If you think you have been the victim of sexual harassment, it is important that you have first
used any company policy for reporting and remedying the misconduct. Even though you
think you might be embarrassed or even if you fear retaliation, you need to file a charge with
your employer if it has a policy.
Depending on whether the employer quickly and appropriately responds to your complaint, you
will want to file a charge of discrimination with the EEOC or the Kansas Human Rights
Commission. Only employers with 15 or more employees are subject to federal law. If the
employer is smaller, then you will have to file with the KHRC. For employers who are subject to
federal law, you have 300 days from when the discriminatory conduct occurred to file your
charge of sexual harassment with the EEOC. However, you only have 180 days to file with the
KHRC.
There are some special rules for sexual harassment that might allow you to file outside these
time periods, but it is best to file as soon as possible. You can file on your own, or you can
work with a competent employment attorney who understands the process.
Once your charge is filed, the employer will often be asked if it wants to go to mediation
concerning your charge. This is a process of trying to resolve the charge in an informal way
without a time-consuming investigation. The EEOC has its own mediators who conduct the
mediations. They are neutrals who have no stake in the outcome. The KHRC also
uses mediators to try to resolve charges of discrimination.
used any company policy for reporting and remedying the misconduct. Even though you
think you might be embarrassed or even if you fear retaliation, you need to file a charge with
your employer if it has a policy.
Depending on whether the employer quickly and appropriately responds to your complaint, you
will want to file a charge of discrimination with the EEOC or the Kansas Human Rights
Commission. Only employers with 15 or more employees are subject to federal law. If the
employer is smaller, then you will have to file with the KHRC. For employers who are subject to
federal law, you have 300 days from when the discriminatory conduct occurred to file your
charge of sexual harassment with the EEOC. However, you only have 180 days to file with the
KHRC.
There are some special rules for sexual harassment that might allow you to file outside these
time periods, but it is best to file as soon as possible. You can file on your own, or you can
work with a competent employment attorney who understands the process.
Once your charge is filed, the employer will often be asked if it wants to go to mediation
concerning your charge. This is a process of trying to resolve the charge in an informal way
without a time-consuming investigation. The EEOC has its own mediators who conduct the
mediations. They are neutrals who have no stake in the outcome. The KHRC also
uses mediators to try to resolve charges of discrimination.
| Filing a Charge of Discrimination |
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