Brake Law

Sexual Harassment is a type of sex discrimination, which violates the Civil Rights Act of 1964. When it occurs in the workplace it falls under employment discrimination. Such harassment includes various behaviors that a person is not comfortable with, including an offensive or hostile work environment, requests for sexual favors, and sexual advances against a person's will.

According to the U.S. Equal Employment Opportunity Commission:

Sexual harassment involves other verbal or physical conduct of a sexual nature… When investigating allegations of sexual harassment, EEOC looks at the whole record: the circumstances, such as the nature of the sexual advances, and the context in which the alleged incidents occurred. A determination on the allegations is made from the facts on a case-by-case basis.

In sexual harassment, the harasser's conduct must be unwelcome. But it can occur in a wide variety of situations:

• The victim and perpetrator may be either gender
• The perpetrator may hold any relation with the victim, including supervisor, employer agent, supervisor in another department, co-worker or non-employee
• The victim may be anyone affected by the offensive conduct besides the person being harassed

A victim may empower themselves by confronting the perpetrator of sexual harassment in a direct manner, stipulating that the behavior is unwelcome and must stop. Still, prevention is best to eliminate sexual harassment in the workplace. EEOC encourages employers to communicate preventative measures to stop sexual harassment.

If you would like a free consultation in regard to possible sexual harassment, please contact the experienced employment lawyers at the Brake Law Firm. We serve clients in all parts of Colorado.