New Mexico: Sexual Harassment at work

Sexual Harassment at Work

Understanding and knowing your rights at your work area is critical. Sexual harassment is an inappropriate behavior that violates the Title VII of the Civil Rights Act in 1964. The act passed in 1964 is a federal law that impedes employers from discriminating against employees, as well as the employee’s peers.  The federal law passed prohibits the action of discriminating towards any sex, race, color, national origin and religion. Although, the anti-discrimination applies to employees with at least 15. New Mexico has a minimum of 4 employees to file a claim under state law.

Sexual harassment is broken down into four categories: Verbal/Written, Physical, Nonverbal, and visual. Under the federal law, workplace sexual harassment is, “unwelcome verbal, visual, or physical conduct of a sexual nature that is severe or pervasive and affects working conditions or creates a hostile work environment.”

Two forms of sexual harassment:

1. Quid Pro Quo: is an employment decision -when an authority figure or agent of the company offers a promotion, an assignment, and an offering of keeping your job only if you comply with the sexual harassment.
2. Hostile Work Environment: the workplace you are in is intimidating, hostile, or offensive.

Examples of sexual harassment at workplace, but are not limited to:

VERBAL/WRITTEN:

This can include sexual comments about clothing, personal behavior and person’s body
-Speaking sexual or sex-based jokes
-Sending unwanted suggestive letters, notes or e-mails
-Requesting sexual favors, making sexual innuendos or repeatedly asking someone out
-Telling lewd jokes/sharing sexual anecdotes
-Inquiring about someone’s sexual history or sexual orientation
-Making offensive remarks about a person’s sexual preference or gender identity

PHYSICAL
-Blocking a person’s physical movement
-Inappropriate touching of a person or their clothing
-Purposefully brushing up against another person

NONVERBAL
-Looking a person’s body up and down
-Whistling or staring in a sexually and offensive manner
-Offensive gestures/facial expressions of a sexual nature

VISUAL
-Posters, drawings, pictures, screensavers or emails that are in sexual nature
-Sharing inappropriate images or videos such pornography
-Displaying inappropriate sexual images or posters in the workplace

Unfortunately, there are an array of other types of behavior that may fall under the category of sexual harassment in the work area. If you feel uncomfortable at your work, be sure to address this behavior by taking detailed notes of the harassment. (If comfortable speak to harasser and tell them you do not like what they are doing). Tell your supervisor/human resource department what you have done to address the issue. If you believe you Title VII claim, file a complaint with the Equal Employment Opportunity Commission immediately (you only have 6 months from the day of the discrimination).

Your employer can not punish you under the Title VII. The Title VII protects you from retaliation if you decide to have an investigation, proceeding, or hearing on the coworker that you feel has had their rights violated.