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 Sexual Harassment is considered illegal (under both Kentucky, Ohio, and Federal law) when employer decisions (such as whether to promote, hire, fire, lay off, or adjust working hours) are conditioned on unwanted and offensive sexual behavior. Also considered illegal is for a supervisor or manager to allow a sexually-charged work environment to exist or perpetuate to the degree that it interferes with an employee's ability to perform her or his job.
Examples of Sexual Harassment
- Unwelcome sexual advances in turn for more favorable working conditions such as a date in exchange for a promotion.
- Verbal or physical conduct that is offensive to the employee such as groping, whistling, leering or use of profanity or sexual innuendos.
- A workplace environment that creates an intimidating, hostile or offensive atmosphere such as pornographic posters hanging on the wall.
Most Common Forms of Sexual Harassment
- Whistling, cat calls or indecent gestures
- Terms of address such as "honey", "baby", "chick," "hunk", or "dear"
- Deliberate bumping or leaning against another person
- Comments about a person's body or bodily movements
- Demands for dates or sexual acts
- Sexual or intrusive questions about someone's personal life
- Inappropriate grabbing or touching of a person's body or clothing
- Sexual phone calls, voice messages or email messages
- Sending or leaving pornographic materials or sexually explicit pictures
- Repeating dirty jokes or making lewd comments
- Neck or shoulder massages
Employer Liability
Employers are responsible and liable for any wrongful conduct involving harassment in the workplace. This includes the behavior of their managers and supervisors whether or not the employer was knowledgeable of the illegal behavior.
Defending Sexual Harassment Charges
Sexual harassment is not only a private nuisance, it is considered to be unfair labor practice. A legal secretary recently won an award of more than $3 million because a law firm partner notorious for his sexual harassment of female employees was not controlled. If you are facing potential sexual harassment charges, it is critical that you use an attorney with specific experience and expertise dealing with sexual harassment charges on both a local and federal level.
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