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

white line

The Rhetoric of Choice Obscures Our Social Obligations to Parents

January 30, 2020
Paid Family Leave
FMLA
Pregnancy Discrimination
Leave
Who should foot the bill or take responsibility for social reproduction as more women were pressed into the workforce, government or the individual? In the US, the answer was resounding: the individual. And this has had significant consequences for working parents since. By placing the responsibility on the individual, almost always the mother, parents have been in a bind for decades and any "choices" available reside in an astonishingly thin sliver of options constrained by structural inequalities

Female Flight Attendants and Pilots File Discrimination Suit Against Frontier Airlines, Alleging Discrimination against Pregnant and Nursing Mothers

January 13, 2020
Gender Discrimination
Pregnancy Discrimination
Two lawsuits were filed against Frontier airlines alleging that the Company required pregnant employees to suspend work duties months before they were scheduled to give birth, forcing employees to use their vacation days in lieu of paid time off, take unpaid maternity leave without Frontier providing alternatives for work, and refuse to accommodate breastfeeding and pregnant workers.

New Report from Uber Highlights the Risks of Driving in the Gig Economy

January 6, 2020
Sexual Harassment
Among the most significant risks to Uber drivers were those in the form of sexual and physical assault on the job, with 42% of assault cases being reported by drivers. The most common assault reported by drivers and riders was "non-consensual touching of a sexual body part," with 1,560 cases reported in 2018 alone.

Get In Touch

Knowing where to turn in legal matters can make a big difference. Contact our employment lawyers to determine if we can help you.