A Cultural Reckoning
There has been a seismic shift in the cultural norms around assault, harassment, consent, and other topics associated with the #MeToo movement. For the first time, men and women are holding the powerful accountable for actions that crossed boundaries or left victims feeling vulnerable.
With this new understanding of cultural norms, especially as they relate to relationships between employees/subordinates and employers or people with professional power, people are left wondering how employment discrimination or harassment litigation has changed. Thankfully, there are answers to this pressing concern.
As The Melton Law Firm has discussed, harassment is both provable and actionable. In this piece, I will discuss the topic of harassment and how to take action if you are a victim of this crime in the workplace:
What is harassment?
Litigation around harassment has included multiple definitions or frameworks depending on jurisprudence. However, certain principles remain true. Most definitions of harassment require pervasive and impactful actions. In the workforce, these actions must be tangibly impactful to the point that it affects your health or work performance. This definitional bright line, though not without its faults or flaws, is used to prevent small, annoying actions from being claimed as harassment in lawsuits or settlements.
Additionally, many claims of harassment have been defined in their positioning as discrimination against specific protected classes. It is possible for people not in protected classes (of gender, race, religion, ability, or otherwise) to still experience harassment; it is just much more difficult without those characteristics being present in a harassment case.
An additional characteristic to consider, though it is by nature ambiguous, is that the behavior is unwanted. Though specific company guidelines may differ, it is not a crime in of itself to pursue a workplace relationship. However, pursuing a romantic interest that is not matched or explicitly wanted, is obviously and sadly harassment. Be sure to consider how jokes or compliments are taken by your colleagues if you want to avoid contributing to harassment culture. On the flip side, make it as best known as possible if you are experiencing or hearing behavior that you find inappropriate or uncomfortable.
How is harassment proven?
Though every case differs, broadly speaking, it is best to establish a chronology of when harassing behavior begin (or, if it still continues). This will allow your legal counsel to paint a picture to a judge or jury of the purpose, nature, and context of the bad actions.
Additionally, speaking with other employees or subordinates will be beneficial. If they are willing to testify or act as a witness, agreeing that the boss or powerful figure was inappropriate, it will strengthen your case and prevent or stymie accusations that a person is making a false allegation.
Of course, any evidence such as texts, photographs, recordings, or other physical collections of proof is incredibly useful for your legal representation. The worst thing to happen to a sexual harassment case is to turn into a he-said, she-said dispute.
Read MoreSection 2422 (a) and (b) of Title 18 of the United States Code: On Solicitation of a Minor
Section 2422 (a) and (b) of Title 18 of the United States Code says:
a) “Whoever knowingly persuades, induces, entices, or coerces any individual to travel in interstate or foreign commerce, or in any Territory or Possession of the United States, to engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both;” and,
b) “Whoever, using the mail or any facility or means of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States knowingly persuades, induces, entices, or coerces any individual who has not attained the age of 18 years, to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title and imprisoned not less than 10 years or for life.”
Once a convicted felon is release from federal prison, he/she is required under the law to register as a sex offender for the rest of his/her life. Failure to comply with this mandate would result to a new felony offense that carries up to 10 years in prison and considerable fines.
The crime of solicitation of a minor, which is defined as the deliberate persuasion or enticement of a child under the age of 16, to enter any form of dwelling for purposes that include engaging in a sexual activity, can be committed by anyone despite not actually carrying out the sexual activity that he/she intended to commit. The mere attempt to solicit or entice a child is enough for one to be pronounced guilty of this sex crime.
As explained by the Nashville sex offense lawyers at Horst Law, this offense can also be committed electronically, through emails or text messages a computer a cell phone or any other electronic device.
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