Know your rights.Workplace rights and sexual harassment laws might seem confusing. Below, we include the definition of sexual harassment, give some examples, and provide more information about your rights as an employee. If any of this is confusing, please contact an advocate who is trained to help.
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Know Your Rights: Sexual Harassment, the Law, and You
As an employee, you have certain rights under both Maine and federal law. No matter what your legal status is or whether you are a citizen of the United States, you have the right to feel and be safe at work.
Sexual harassment is against state and federal law. It includes unwanted sexual advances, requests for sexual favors, or other verbal or physical acts that are sexual that threaten your job security, working conditions, or advancement opportunities. Sexual harassment can happen to any gender or sexual orientation. It can be perpetrated by anyone. The two major categories of sexual harassment in civil law include what is called “quid pro quo harassment” and harassment that creates a “hostile work environment.” It is important to know that for employers to be held liable, they must be notified of the harassment, or be deemed that they should have been aware of it. |
Still not sure about your rights?Maine's sexual assault support centers help people who have been sexually harassed or assaulted. They are your go-to free resource for help figuring out what - if anything - you want to do next. You can call, text, or chat with an advocate. Anything you talk about with an advocate will be kept private. Click here for more information or call 1-800-871-7741. |
A hostile work environment is created when unwelcome verbal, physical or visual actions are severe or pervasive and create an intimidating, hostile, or offensive work environment or keep you from doing your job in any way. Employees may experience this kind of sexual harassment even if the offensive actions were not directed toward them. They may also experience this kind of sexual harassment no matter who does it. It can come from a customer, vendor, contractor or other person who is not a coworker but with someone you have to deal as part of the job.
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Quid pro quo harassment is when someone is made to give something to get something back. With sexual harassment, it is when someone is asked to submit to sexual advances or when someone asks for a sexual favor for a job, promotion or other job benefit. It can also be when these benefits are denied because the victim said no to sexual advances or request(s).
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Real examples of sexual harassment include:
Making sexually explicit or degrading comments or jokes, either verbally or via email
Touching or groping that feels wrong
Questions about sex life or relationships
Sexual looks, leers, noises, gestures
Pictures, cartoons, screen savers
Forwarding sexual material via email, text, or sexting
Making sexually explicit or degrading comments or jokes, either verbally or via email
Touching or groping that feels wrong
Questions about sex life or relationships
Sexual looks, leers, noises, gestures
Pictures, cartoons, screen savers
Forwarding sexual material via email, text, or sexting
Some kinds of sexual harassment may also be against criminal law in Maine. For example, pushing someone against a wall and kissing them may be assault which is defined as when someone “intentionally, knowingly or recklessly causes bodily injury or offensive physical contact to another person.” (1)
Retaliation for reporting sexual harassment is illegal. Retaliation is when you are punished for reporting sexual harassment or being a part of an investigation. This kind of punishment includes firing, change in work responsibilities, transfers, ignoring or excluding, unwarranted punishment for something else, or making you feel uncomfortable or unwanted at work. Know the timelines. In order to report to the Maine Human Rights Commission and/or the Equal Employment Opportunity Commission, you have to report within 300 days of the harassment. For more information about options and what other things you may think about, go to our Your Options page. Keeping it confidential? In general, when you report harassment to your employer it’s best (and you will probably be asked) to not talk about it with others until the case is resolved. This helps the investigation and what comes after go forward in an orderly, fair, and credible way. Once the case is resolved, you and your employer can discuss and agree on what each of you may say to others. Importantly, when a charge is filed at the Maine Human Rights Commission all parties sign a non-disclosure (confidentiality) agreement that is in force until the MHRC investigation is over and the Commission gets ready to vote on a finding. |
Just want legal advice?Unsure who to turn to for legal advice?Wondering if you are eligible for pro bono representation? If you want to talk to a lawyer, you have a few options. The Maine Human Rights Commission has a list of lawyers who handle cases at the Commission. You can find it here. You can also call the Maine Bar Association and ask for an employment lawyer. Pine Tree Legal Assistance may be able to help with certain types of cases. Advocates can help you figure out if Pine Tree can help, and can make a referral to them. |