Know your rights.Definitions of sexual harassment, examples, and 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
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Under Maine and federal law, employees have the right to be safe at work. This is true no matter your immigration status or whether you are a U.S. citizen.
Sexual harassment in the workplace is illegal. It can happen to people of any gender or sexual orientation and can be committed by anyone. Sexual harassment includes unwanted sexual advances, requests for sexual favors, or other sexual verbal or physical behavior that affects your:
It's important to note that, for an employer to be held legally responsible, they must be aware of the harassment or reasonably should have known about 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. Anything you talk about with an advocate will be kept private. Click here for more information or call 1-800-871-7741 to get connect to an advocate in your area. |
Types of Workplace Sexual Harassment
Civil law generally recognizes two main types of workplace sexual harassment.
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A hostile work environment happens when unwelcome verbal, physical, or visual behavior is severe or ongoing enough to create an intimidating, hostile, or offensive workplace, or interferes with someone’s ability to do their job.
This behavior:
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Quid pro quo harassment is when someone asks for sexual favors in exchange for a job benefit, such as:
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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
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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 - 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. Retaliation can include:
Know the timelines. 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 other things to think about, go to our Your Options page. Keeping it confidential? When you report harassment to your employer it’s best (and you will probably be asked) to not talk about it with anyone but your lawyer 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. |