April 2005
Updated definition: Harassment becomes illegal when an employer,
supervisor or co-worker harasses a person because of their race, color,
creed, ancestry, national origin, age (40 and up), disability, sex,
arrest or conviction record, marital status, sexual orientation or
membership in the military reserve.
It involves a pattern of abusive and degrading conduct directed against
a protected class member that is sufficient to interfere with their work
or create an offensive and hostile work environment. (Updated March 15,
2005)
How to file a Fair Employment Law complaint:
Discrimination Complaint Forms (http://www.dwd.state.wi.us/dwd/forms/ERD/ERD_4206.htm)
A person, who believes he or she is a victim of unlawful
employment discrimination, may file a complaint with the Equal Rights
Division within 300 days of the discriminatory action.
What is the purpose of the Fair Employment Law?
The purpose of the law is to protect the rights of people to employment
free of unlawful discrimination.
It is unlawful, for public and private employers, employment agencies,
licensing agencies and unions, to refuse to hire, to discharge, or
otherwise discriminate in any term or condition of work, because of a
person’s protected class.
There are two types of harassment:
-
Quid Pro Quo (This for That): It is a trade.
When the trade is on the basis of race, sex, color, national origin,
religion, creed, age, or handicapping condition, it is illegal. For
example: "Hire only Christians for this job and I will see that you
are promoted."
-
Hostile
work environment:
Hostile environment harassment does not need to include a demand for
an exchange of favors for a job benefit. It is the creation of an
offensive or intimidating work environment.
For example: “If one employee kept telling another employee racist
jokes that the second employee found offensive, it would be
harassment. Or, if another employee overheard the two employees
exchanging racist jokes, this could also be harassment.”
Note: Jokes, pictures, touching, leering, unwanted solicitations for
a date, derogatory epithets, etc. have all been found by courts to
be harassing.
Employer Liability:
The employer is liable for supervisor harassment because supervisors are
aided in their misconduct by the authority that the employers have
delegated to them, such as the authority to undertake or recommend
tangible employment decisions, or to direct the employee’s daily work
activities.
Some statistics:
-
In Fiscal Year 2004, the EEOC received 13,136 charges
alleging sexual harassment. 15.1% of these charges were filed by
males.
-
48.7% of all
sexual harassment charges filed with the EEOC result in a finding of
"no reasonable cause." Only 7.5% result in a "reasonable cause"
finding
-
68% of employers
have written policies addressing workplace violence, up from 59% in
1996.
http://vantage-solutions.com/statistics.html
http://www.eeoc.gov/stats/harass.html
