Sexual Harassment At Work
Sexual harassment is defined according to the World Labor Organization (ILO) as an unsealed behavior of a sexual nature of which a woman as a man in the workplace can be victim. Before start any step you must be find more info about criminal sex conduct 3rd degree.
Examples of situations that indicate harassment or harassment are:
- Unnecessary and unwanted physical contact
- Lascivious looks and gestures related to sexual behaviors
- Jokes, insinuations, comments, insults of a sexual nature
- Grocery, jalones, pinches with sexual intention
- Spread sexual rumors about the victim
- Lude to the victim against another person with sexual intention
- Show, give or leave photographs, images, illustrations, notes or sex messages
- Notes, sexual written messages about the victim on the walls of the bathrooms, changing rooms
- Force to kiss and/or more than that.
- Call the victim of gay, lesbiana
- Spy on the victim while changing clothes or is in a toilet
- The consumption and exhibition of pornographic material
There are two hierarchical ways to exercise harassment. One is that of vertical harassment, which is the harassment suffered by the victim by his employer or head of sector or area in this case the victim must proceed to make the complaint before the Labor Inspection, who investigated the facts and suggests the Indirect dismissal to the victim, which empowers the affected worker to put an end to his employment contract if it is the employer who incurs the lack by performing their functions as such and exercising behaviors of harassment or sexual harassment.
Horizontal harassment is the other hierarchical way of exercising sexual harassment or harassment. In this sense, harassment is between co -workers and the affected worker can make their claim in writing to the management of the company where they perform their functions or to labor inspection directly. If the written claim is done in the workplace, the employer can choose between himself an internal investigation or send it to the Labor Inspection.
Once the complaint for sexual harassment is made, an investigation is initiated for a period of 30 days from the receipt of the complaint.
If the fact of sexual harassment is verified during those 30 days, the employer must apply the corresponding measures or sanctions within a period of 15 days.
The measures or sanctions applied by the employer are those stipulated in the company’s internal regulations and may refer to the dismissal of the worker/whoever engaged in sexual harassment without the right to compensation. Proven horizontal sexual harassment is grounds for immediate dismissal.
If it is proven that the worker lied regarding the harassment or harassment at work, he will be obliged to indemnify the affected person according to what is indicated in the labor code.
The law establishes that the victim of harassment or sexual harassment will be protected under reserve and discretion while during the investigation procedure. An employer who carries out an internal investigation must “keep it under strict secrecy.”
In addition, the law stipulates that labor cases that are under the motive of harassment or sexual harassment must be kept in the custody of the secretary of the labor court and only the parties and their legal representatives will have access to it.
All this procedure is carried out under discretion in order to safeguard honor and facilitate complaints of this type, avoiding exposing those involved to public scrutiny before the investigation is completed and the verdict is resolved.
On harassment and bullying at work there is still no binding international agreement.
Although in MICHIGAN there are registered cases of harassment or sexual harassment, the statistics indicate that they are low but are increasing.