Q.
What is sexual harassment?
A. Any
unwelcome verbal or physical conduct of a sexual nature constitutes
sexual harassment in employment when:
- it is made an implicit or explicit condition of
your employment.
- employment decisions (transfer, promotion,
dismissal, demotion, reassignment) are based on your response.
- it creates an intimidating, hostile or
offensive work environment.
- it interferes with your work performance.
Q.
Do I have any rights in this area?
A.
Sexual harassment is a violation of federal and state laws. You have the
right to expect your employer to provide a safe work environment free of
sexual harassment.
If harassment occurs and adverse
employment consequences follow, you have a right to have those actions
corrected. If you are fired, for example, you have a right to
reinstatement and back pay if your appeal is sustained. In some
situations you may be entitled to additional money damages. Other
possible remedies, depending upon the circumstances, include promotion
and constructive seniority.
Q. Who
can I talk to about what happened?
A. In
spite of a strong, natural reluctance to talk to anyone about the
problem—TALK TO SOMEONE IMMEDIATELY! Discuss the problem with an
objective person, possibly someone you work with. Perhaps they, too,
might have experienced sexual harassment. If there is no one available,
perhaps a supervisor or friend would be helpful.
Whatever you do, DO NOT IGNORE THE
PROBLEM! If you feel strongly enough or angry enough, contact your EEO/Affirmative
Action Office, your union representative or one of the Commission
offices.
Q. Maybe
it was something I did, or wore?
A. It
is unlikely that sexual harassment occurred because of your looks, or
dress habits, or actions. Statistics indicate that sexual harassment
occurs against individuals from all economic, racial, religious, an age
groups. Most victims of sexual harassment tend to be women between the
age of 21 and 45, but sexual harassment can happen to any employee.
Q.
Can I do anything about it?
A. Be
sure to express your feelings during the incident to the person
harassing you indicating that you are not interested. In your report of
the incident, describe the feeling you had both during and afterwards.
Immediately document in writing
exactly what occurred, including verbal portions. List the names and job
positions of witnesses, especially supervisory employees, and specify
date and location of the incident.
Notify in writing, either YOUR
SUPERVISOR or, if that is not practicable, the Affirmative Action
Officer, or the Personnel Director. Provide that person with copies of
the information you have gathered. BE SURE TO KEEP THE ORIGINAL.
Indicate your insistence that some action be taken. If you work in a
union shop, duplicate the above procedures and submit the same material
to your union representative. Be sure to request a written response.
If the problem is not corrected
immediately, you should file a formal complaint with the Nebraska Equal
Opportunity Commission or the U.S. Equal Employment Opportunity
Commission within 300 days of the incident.
Q.
What will the State of Nebraska do about sexual harassment on the job?
A.
State of Nebraska Personnel policy prohibits sexual harassment of any
employee. Managers are being trained to deal with sexual harassment
problems and are held accountable for a work environment free of sexual
harassment.
The State of Nebraska realizes
that sexual harassment can be a very expensive problem that should be
dealt with promptly. Statistics indicate that many individuals who
experience sexual harassment never made their employer aware of the
problem. Once employers know of the problem, it is their responsibility
to deal with it.
Q.
Should I quit?
A.
No. It is reasonable to expect that most employers will listen seriously
to your complaint. Offer to help your employer deal with the problem—indicate
that you are aware of your obligations as an employee to conduct
yourself properly and also that you are aware of your employer’s
obligation to provide you with a work environment free of sexual
harassment.
Q. What
do I do if my employer fires me for complaining?
A. Firing
an employee for complaining is illegal. Statistics show that only a
small percentage of employees report harassment incidents to their
employers. An even smaller percentage of them are fired for doing so.
However, if you are fired, you
should immediately file a formal complaint. If you have already filed a
complaint based upon the actual harassment, be sure to file an amended
complaint based on retaliation.
Q. Can
I collect unemployment if I quit or am fired because of sexual
harassment?
A. It
is possible. More and more individuals are being awarded unemployment
compensation when they lose their jobs due to sexual harassment. You
must file a claim at the unemployment office, stating that sexual
harassment is the reason you lost your job. An investigation will be
conducted.
Q. How
can I keep the incident from happening again?
A. By
dealing with the person or problem promptly and forcefully THE FIRST
TIME! Never make excuses or give the harasser the impression that you
may be interested at a later date.
Sexual harassment is an unlawful
practice and if not immediately corrected should be reported to one of
the agencies listed in this pamphlet. It is a problem that can be
corrected only if people refuse to tolerate it any longer.
TO FILE A COMPLAINT
The Complainant may state a
complaint in a letter or use a complaint form. The complaint form may be
obtained from the nearest NEOC office. Complaints should be notarized,
if possible, and must be sent to NEOC within 300 days of the alleged
discriminatory act.
AFTER A CHARGE IS FILED:
The Commission will review your
charge and contact you by mail or in person. The Commission investigates
your charge and if it finds it is justified, the Commission tries by
conciliation to end the discrimination. If the conciliation fails, the
case is sent to Public Hearing.
IT IS UNLAWFUL TO RETALIATE:
It is forbidden by law to punish
you for filing a charge, for acting as a witness, or for assisting
complaint.
