Sexual harassment can destroy lives, sink careers, and end businesses. People spend most of their time at their work place and consider it to be a place where they have a right to be comfortable and safe. With almost every company, it is mandated to establish a community of security and respect – the very things that harassment violates. This is articulated in the Government Code sections 12940(a), (j), and (k). Furthermore, sexual harassment is defined as being unwanted sexual advances, or verbal, visual, or physical behavior that is sexual in nature. This can be because of a person’s sex or gender, or harassment based on childbirth, pregnancy, or other medical condition.
Maine Sexual Harassment Laws
The Sexual Harassment Regulations of the Maine Human Rights Commission state the following:
1. Harassment on the basis of sex is a violation of Section 4572 of the Maine Human Rights Act. Sexual harassment becomes a factor when verbal or physical conduct include:
- submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;
- submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
- such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.
2. Any form of the labor or labor organization is responsible for the acts performed above. This means that any form of sexual harassment is the responsibility of the employer and appropriate action needs to be taken to correct it.
3. An employer can limit liability if they take immediate and appropriate action against any sort of sexual harassment they see or hear about in the workplace.
Examples of Sexual Harassment
- Any targeting of a person based on their gender
- Verbal sexual innuendos and questions – often lewd in nature
- Leering and name calling that could be portrayed as sexual or aggressive
- Overtly sexual images and pictures
- Undesired sexual advances
- The promise of improved work situation in exchange for sex – promotion, raise, bonus, etc
- Physical touching that is sexual in nature
Sexual Harassment Attorney
Nichols & Churchill can successfully negotiate sexual harassment cases that occur in the workplace. It is all too common that victims of sexual harassment are so full of fear and of losing their job that they never come forward about what is really going on. It can be very daunting to openly speak about what has been going on – oftentimes embarrassment plays a part, as well. By having a lawyer on your side that understands how delicate the situation is makes a big difference. Everything will be handled with dignity and class in order to make sure you are able to work in a place with total safety and peace. As a victim in the entire situation, you will be able to finally focus on your work and not have to feel uncomfortable in your own office.
Contact Nichols & Churchill today to discuss the options for your sexual harassment case.