1) No one can require someone else to submit to verbal or physical sexual conduct as a condition of getting or keeping a job;
2) No one can legally be fired for refusing to submit to such conduct; and
3) No one can create or be forced to work in a “hostile working environment.”
The first two are fairly self-evident. No one can insist on or be forced to give sexual favors in order to get a job or for job promotion. If you feel that you will not be promoted unless you give in to a supervisor’s sexual demands, contact a lawyer or the Vermont Attorney General’s Office. Further, if you are told that you will lose your job unless you submit to such demands, this too is a violation of your rights.
Number 3 has caused most of the court cases. It seems obvious that you cannot be required to give in to a boss who demands sex from you to keep your job or to be promoted. But what about an office where sexual jokes are told by co-workers, or sexually-oriented photos are displayed? The law forbids an “intimidating, hostile, or offensive working environment.” The issue of offensiveness is considered from the point of view of the person who feels insulted rather than the person or people who engage in the conduct. Nonetheless, this point of view must be reasonable. Generally the offensive behavior must be more than one or two incidents, and the fact that the victim did not complain to the perpetrators or a supervisor does not necessarily mean that he or she is not entitled to help. If you believe your rights have been violated under this standard, you may have the right to sue not only the person or people who caused the hostile environment, but also the employer. Again, the Vermont Attorney General’s Office and/ or an attorney can answer your questions.
All employers are required to provide each employee with a copy of the employer’s written sexual harassment policy, and to place a poster in a prominent location stating the details of the policy. This poster must also provide instructions for reporting sexual harassment.
Other Forms of Harassment
Not only is it unlawful in Vermont to subject anyone to sexual harassment in employment, it is also unlawful to harass anyone on the basis of his or her race, color, religion, national origin, ancestry, place of birth, sexual orientation, gender identity, disability, or age. If you are subjected to a hostile or offensive working environment on the basis of your belonging to any of these protected categories, you have the right to bring a complaint
On Your Own, 2008 Edition 21
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72 |
Page 73 |
Page 74 |
Page 75 |
Page 76 |
Page 77 |
Page 78 |
Page 79 |
Page 80 |
Page 81 |
Page 82 |
Page 83 |
Page 84