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

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New Sexual Harassment Laws for Employers

April 17, 2018
Sexual Harassment
The New York State Legislature and New York City Council have recently enacted new measures in an attempt to prevent sexual harassment. Both legislative bodies passed a series of new laws that employers need to be aware of and comply with.

Department of Labor Adopts Appellate Court Test

February 23, 2018
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On Friday, January 5, the U.S. Department of Labor adopted a new test for determining whether interns qualify as employees under the FLSA, rescinding agency guidance from 2010.

Berke-Weiss Law Is Certified as a Woman Owned Business

January 4, 2018
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Berke-Weiss Law PLLC is proud to announce it has been certified as a woman owned business by the Women’s Business Enterprise National Council, the largest third-party certifier of businesses owned, controlled, and operated by women in the United States.

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