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If there is no HR Dept., go to your superior; if it is one of your superiors who is subjecting you to the harassment, go to another who is not involved, even if they are not necessarily your next in command.For a case to be successful, it is critical that there is documented evidence that the problem was reported; having documented the incident or incidents will go a long way when a judge is considering a sexual harassment case - it can be the difference between a large settlement and walking away with nothing after having been forced to leave your job.For example, in one of the departments Professors displayed inflammatory pictures and postings, offensive to Vietnam era veterans on their office windows facing the corridors. 1988) (barring discrimination in "terms, conditions, . But a Vietnam era veteran was required to remove a poster considered offensive by members of a non-protected group. However, no action was taken to effect change prior to OFCCP's review. 23 A reasonable person who believes that pinups "encourag[e] men to view [women] as sex objects" 24 might say something like the following, even about classical paintings: I personally find "art" in any form whether it be a painting, a Greek statue or a picture out of Playboy which displays genitals, buttocks, and/or nipples of the human body, to be pornographic and, in this instance, very offensive and degrading to me as a woman. Even if I wanted to personally take time to appreciate this kind of "art," I reserve the right for that to be my choice and to not have it thrust in my face on my way into a meeting with my superiors, most of whom are men. or privileges of employment" based on, among other things, "political ideology"); Madison, Wisc., Municipal Code §§ 3.23(8)(a); Broward County Code § 161/2-3(15), 161/2-21(1). Generally, a hostile work environment can only be proven if the harassment is ongoing and severe, otherwise the issue can be addressed using other legal remedies for sexual harassment.But a hostile work environment If you or someone you know may be experiencing harassment at work, it is important to go to your Human Resources Department as soon as possible to report the abuse.

To determine whether a work environment is hostile, EEOC investigators look at the following factors.An attorney can better instruct you on your specific situation, so it is always best to consult an experienced legal professional before moving forward.Originally published in the Georgetown Law Journal; reproduced with modifications and additions, and some added and omitted footnotes -- footnote numbers track the original. Political, Artistic, Religious, and Socially Themed Speech May Constitute "Harassment" A. 18 "David Duke for President" posters, after all, might well be quite offensive to many reasonable people based on their race, religion, or national origin, and may create a hostile environment; 19 likewise for confederate insignia. or privileges of employment" -- which would include harassing speech -- based on arrest record and conviction record); N. Correction Law § 752 (generally banning discrimination based on having "previously been convicted of one or more criminal offenses"); New York City Comm'n on Human Rights document (asserting that New York City human rights law bars harassment based on, among other things, "record of conviction or arrest"); City of Boston Code §§ 12-9.2, 12-9.3 (barring discrimination in "terms, conditions, or privileges of employment" based on "ex-offender status," defined as an arrest record, a record of conviction for petty misdemeanors, or a record of conviction for any misdemeanor when the sentence had elapsed over 5 years earlier); State of Wisconsin Dep't of Workforce Development, pamhplet #ERD-7334-P (including "arrest or conviction record" in prohibited bases of harassment, alongside race, sex, and so on); Chippewa Valley Technical College, 1996-1997 Catalog Compliance Statement Cornell University (same); The Office of Equal Opportunity's Fall 1996 Semi-Annual Sexual Harassment Report n.3 (treating status as "ex-offender" as equivalent to race, sex, and so on); Nicolet Area Technical College, Affirmative Action policy 001 (same); Northwest Technical College [Minnesota], Affirmative Action -- NTC Policy 1050 (same). City of Boston Code §§ 12-9.2, 12-9.3 (barring discrimination in "terms, conditions, or privileges of employment" -- which includes harassing speech -- based on "prior psychiatric treatment"). 26 The EEOC likewise found that a claim that an employer "permitted the daily broadcast of prayers over the public address system" over the span of a year was "sufficient to allege the existence of a hostile working environment predicated on religious discrimination." 27 A recent article by two employment lawyers gives "repeated, unwanted `preaching´ episodes [by a fundamentalist Christian employee] that offend coworkers and adversely affect their working conditions" as a "bright-line example[]" of actionable harassment; an employer in such a situation would be "well advised to take swift remedial action." 28 If polite religious proselytizing can be harassment, then of course harsher criticism of religion would be, too. 1988) (barring discrimination in "terms, conditions, . In the EEOC's words, "disparag[ing] the religion or beliefs of others" in the workplace may be illegal; "a Christian employee would have recourse under Title VII if a `secular humanist´ employer" -- or presumably secular humanist coworkers -- "engaged in a pattern of ridiculing the employee's religious beliefs.´" 29 A state administrative agency has found that an employee was religiously harassed by a Seventh Day Adventist coworker who often talked about religion to everyone.




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