How to Deal with Workplace Sexual Harassment

If you suspect that you are being sexually harassed at work but are not sure how to handle it with the authorities, you are not alone. Here are a few things Karen DeSoto identifies  as things to consider. 

Don’t make the Mistake of Quitting 

It is common for employees to simply quit right after the first incident of harassment occurs. While this is understandable, this means that you may also be giving up your right to harassment claims. If your employer has a policy against this, you must report the incident immediately and give your employer a chance to fix the situation. If you don’t take this step, chances are that you may lose your lawsuit when it comes to it.

Where to Find the Policy? 

Most companies have talk about the policy in the employee handbook, the union contract, written policies or through posters in the lunchroom. Follow the steps as listed and report the incident to the designated individual. If the first person does not help fix the situation, go to the next in command. 

Make sure its Put in Writing 

Even if the policy states that you must call or meet with someone, make sure you have a written record of your complaint. Make note of every advance, comment, inappropriate jokes, texts, emails or any other incident you may have experienced that made you uncomfortable. Make a formal complaint of sexual harassment.

It is common for people to report bullying, harassment or hostile work environments without ever mentioning that it had to do with their gender. While general bully and harassment may not be illegal, the same behaviour for sexual reasons can very much be acted upon. 

During a time of the “me too” movement sexul harrassment is finally no onger being tolerated by companies, and even powerful men in politics, media and entertainment have felt the backlash to inappropriate behavior against women. 

The Trump view on TPS and what is Means for the Hondurans

During the last 20 years, since the 1998 hurricane hit Honduras, the US government has permitted thousands of immigrants from the country to live and work within the US as opposed to forcing them to return to their own country.

What the Trump Administration is planning

While the reprieve hasn’t been ended just yet, the department of Homeland Security, under President Trump’s administration announced that it is unable to arrive at a decision on whether they should extend the Temporary Protected Status (TPS) for the 57,000 Hondurans currently residing in the United States.

What is the TPS?

Attorney and legal analyst Karen DeSoto explains that the TPS program was created during Ronald Reagan’s presidency with an aim to mend the gap in his immigration policy. While the Immigration Reform and Control Act of 1986 was signed, he granted legal status to thousands of undocumented immigrants. However, this act overlooked one group of people – those who entered the country without authorization in 1982 or after.

What Next?

While the decision on the Hondurans is still pending, DHS is terminating protection for 2500 Nicaraguans currently in the US starting January 2019. Assuming that they register with US Citizenship and Immigration Services, the Hondurans get six more months protection while the current administration takes its time to make a decision.

The state department has also recommended that they push El Salvador and Haiti out of the program over the next few months. These four countries put together account for over 300,000 people legally residing in the United States. 

A Peek into Discrimination Legislation and Issues

Discriminatory practices can occur in any facet of employment. Karen DeSoto, a workplace discrimination lawyer says that it is illegal for employers to make any kind of assumption on the basis of gender, race, age and nationality related stereotypes. It is also unlawful for employers to assume that an individual cannot perform his or her job because he or she is disabled.

Discrimination Based on Age

This practice is specifically protected by law. With rare exceptions, employers are forbidden to maintain an age preference in job listings. Also, all employees are expected to receive the same benefits irrespective of their age, except when the cost of providing supplemented benefits to the younger workers is the same as offering reduced benefits to the aging workers.

Discrimination Based on Religion

Employers cannot discriminate onthe basis of religious customs of their existing or potential employees. Businesses in the US are expected to accommodate for the religious beliefs of an employee, provided it does not have an excessive negative effect of the employers.

Discrimination Based on Gender

It is unlawful to pay a different salary to men and women with the same exact responsibilities at work, same qualifications, skill level and position. Businesses are also forbidden to lower the salary of one gender to equalize the pay between both men and women.

In addition to this, discrimination based on pregnancy status, nationality and physical disability is also unlawful in the United States. Creating a hostile work environment that interferes with the performance of the employee is considered unlawful.