Working conditions must be such that the employee can perform his immediate duties without unnecessary interference. However, there are cases when a colleague, immediate supervisor, or even an employer makes a normal work process difficult or impossible due to sexual harassment.
For those who are victims of such humiliation, the situation is shocking, and often they do not know how to protect their dignity and defend their rights. However, labour laws provide for such cases and allow the employee to resolve them effectively. Getting a good lawyer can help ensure you get a fair hearing for sexual harassment in the workplace.
Often, harassment begins with the usual courtesies. But then, this behaviour does not stop. It becomes more persistent and intrusive. Many victims are silent about what is happening, explaining it this way:
- The harasser has status and power – in response to comments about himself, he will try to harm, interfere with work;
- He can provoke dismissal from work – personally or through his acquaintances in the organization;
- Maybe it’s not harassment at all, but courtship.
It is important to remember that silence can provoke a disaster – it will be challenging to stop harassment in the work process and turn into sexual violence.
Sexual harassment at work is when:
- The behaviour of a colleague or manager with an employee is caused by motives based on a sexual nature – from talking and touching to frank proposals and actions.
- Conversations and actions of a sexual nature are committed contrary to the worker’s wishes to whom they are directed.
- The employee informed the initiator of such behaviour of his disinterest in these proposals.
Concerning the last point, the legislation considers that not in every situation can the victim easily express disagreement – for example. It is challenging for employees in relations with their employers, and in such cases, the requirement to report one’s disagreement is not mandatory.
If the employee has the opportunity to prove the relevant cases, then the penalties for sexual harassment for the initiator of such behaviour are severe:
- Liability for such a violation involves a very significant amount of compensation.
- Criminal liability extends up to several years in prison.
What the victim can do?
Of course, labour law provides an employee who has become the object of sexual harassment with the opportunity to sue the employer or unscrupulous colleague. However, cases of this type are most often difficult, and it is not only a matter of overcoming a psychological obstacle, and the problems are:
- An event that can be considered harassment rarely occurs openly and publicly – it usually happens “in private,” so it is not easy to confirm what happened.
- The collection of confirmations must be carried out with strict observance of laws, and the employee does not always imagine what can serve for this and how to collect such confirmations.
The most rational choice in a situation of sexual harassment is to contact an experienced lawyer who:
- Will conduct comprehensive consultations on issues of interest to you.
- Develop a strategy of action that will lead to the best result for you.
- Represent your interests at the pre-trial stages of the case and defend yourself in the courts.
Only a competent lawyer will help you get out of a difficult situation with dignity! Therefore you must find one.
