Legal Question in Sexual Harassment in Utah

Sexual Harassment at work

I was trained for a new position less than a month ago. I became friends with most of the people in the class. The trainer told one girl I got to know rather well, that he had a dream about his wife and I having sex. I have gone to the company and told them what happened. I feel humiliated, and am very embarassed about the whole incident. This information now has passed to at least 4 other co-workers that I know of, and maybe more. My question is, should I go after some kind of compensation for not being able to work there any more, or am I just a whiner. By the way, I have taken some administrative leave. Unpaid.

Thanks in advance...

--name removed--Ross


Asked on 5/09/05, 9:13 pm

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Sexual Harassment at work

Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964.

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment.

Sexual harassment can occur in a variety of circumstances, including but not limited to the following:

* The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.

* The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.

* The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.

* Unlawful sexual harassment may occur without economic injury to or discharge of the victim.

* The harasser's conduct must be unwelcome.

It is helpful for the victim to directly inform the harasser that the conduct is unwelcome and must stop. The victim should use any employer complaint mechanism or grievance system available.

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.

If you feel sexually harassed, you must first file with the Equal Employment Opportunity Commission, in Utah handled by the Equal Employment Opportunity Commission (EEOC)in Arizona or the Utah Anti-Discrimination and Labor Division (UALD).

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Answered on 5/10/05, 6:24 am


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