Sexual Harassment

The U.S. Equal Employment Opportunity Commission prohibits the harassment of any applicant or employee due to that person's sex. Sexual harassment, under the EEOC, is defined as any unwelcome sexual advances, offensive remarks, physical harassment of a sexual nature, or requests for sexual favors. Sexual harassment also includes employment decisions arising from the individual's acceptance or rejection of the unwelcome conduct. These decisions include hiring or promotion when the individual accepts the conduct, or rejection of application or demotion at work when the individual rejects the conduct. While sexual harassment law was originally intended to punish male offenders and protect female victims, the law has expanded to encompass woman as offender and man as victim and members of the LGBT community as both offender and victim. In the workplace setting, simple teasing and offhand comments are not prohibited but can be considered sexual harassment if done frequently and results to the creation of a hostile work environment.

Sexual harassment law is part of the more-encompassing Employment Discrimination Law. Sexual harassment law is also included in Civil Rights Law. Often times, sexual harassment law involves personal injury law as some conduct leads to personal injuries, prompting victims to seek redress under personal injury law. Both federal and private employees are given avenues for the complaint, filing and resolution of sexual harassment. Many states have also passed Fair Employment Practice laws to address sexual harassment. When the sexual harassment leads to personal injuries, laws would vary from state to state.

Under the EEOC, victims of sexual harassment has until 180 days to file a sexual harassment charge against the offender. Federal employees are given 45 days to contact an EEO counselor following the act of sexual harassment. Although the law punishes sexual harassment, it is not uncommon that many of these acts go unreported as applicants or employees fear retaliation from the offender. For federal employees, a victim need not file a claim for the act to be punished as the federal government, especially the Office of Civil Rights, regularly investigates alleged sexual harassment. If supervisors and officials fail to report any sexual harassment, the S/OCR considers this as violation of its anti-sexual harassment campaign and may initiate a disciplinary action against anyone who failed to report such conduct. Aside from reporting to the government agencies of the sexual harassment, employees may also pursue mediation of the alleged conduct in order to attempt to resolve the problem. Employees can also file grievances with the EEO, although this avenue is not available for some civil servants.

Sexual harassment is a prevalent work-related problem, but, often because of the status of the offender (superior) and the victim (inferior) at work, these conducts go unreported. Sexual harassment also is difficult to detect especially when no one is complaining. For the company's part, it is best to employ labor law attorneys to ensure that the business is complaint with anti-sexual harassment law as violation of the law may lead to disciplinary actions for the offender and penalties for the companies. For the victim's part, battling for compensation as a result to sexual harassment may prove difficult because one's employment may be at stake. It is thus a good idea to hire a sexual harassment law attorney to help argue for the conduct and win the damages that are due to the aggrieved party.

Areas of Law

Child Abuse Law - Legal Information and Resources

Child Abuse Law

Child abuse refers to the physical, mental, and sexual abuse or exploitation of the child, and the parents' or guardians' neglect of the child. The Federal Child Abuse Prevention and Treatment Act specifically defines child abuse and neglect, and the accompanying penalties for specific violations. A "child" is legally defined as any person younger than 18 years old or who is not an emancipated minor. While federal legislation sets minimum standards for states that accept federal funding, each state provides its own definitions of maltreatment within civil and criminal statutes.

Physical abuse is easily identified in child abuse cases. The more difficult difficult forms of child abuse come in the form of mental and sexual abuse. Federal legislation defines "mental injury" to include harm inflicted to a child's psychological or intellectual functioning, demonstrated by a change in the child's behavior, emotional response or cognition. Determination of mental child abuse needs the assessment of psychiatrist as these, excluding in cases of outward aggressive behavior, are not usually outwardly manifested. This form of child abuse needs the assessment of psychiatrists. Sexual abuse is the most difficult form of abuse to prove because a child typically shies away from disclosing this kind of abuse for fear of embarrassment or retaliation by the parent. Sexual abuse includes the coercion of a child to engage in sexually explicit conduct, rape, molestation, prostitution and other forms of sexual exploitation. Sexual abuse also includes incest with children. Sexual abuse further include sexual intercourse, sexual contact, and other acts of lasciviousness towards the child.

Neglect, under federal legislation, is a parent or a guardian's failure to provide the basic necessities of a child, such as food, clothing, shelter, medical care, and education. Neglect should also result to the child being in seriously endangered. The federal and state government have in place programs assisting parents in taking care of children as poverty as the most common defense parents have for neglecting children.

One of the issues in relation to child abuse is the often fine line between discipline and abuse. Federal legislation provides that child abuse excludes discipline provided that the discipline is reasonable, moderate in degree, and does not constitute cruelty. Federal legislation enumerates the differences between discipline and child abuse. Nevertheless, as persons who are responsible for the upbringing of the child, parents or caretakers, at spur of the moments, often employ corporal punishment to teach the child a lesson for any wrongdoing. Corporal punishment is typically frowned upon, regardless of the cultural context of such, and is the subject of many child abuse cases throughout the country. The federal government encourages positive discipline rather than corporal punishment.

Federal and state governments are in concerted efforts in implementing anti-child abuse laws by making visible campaigns against such acts. Anyone who has knowledge of any form of abuse may report to the local police department. While in joint efforts aimed to put a stop to abusive acts, federal and state child abuse laws have specific jurisdictions and may not interfere with each other. When facing a charge of child abuse, the defendant must hire an expert child abuse law attorney to defend himself as an ordinary person may not be able to discern which laws to use to protect him. Both federal and state governments are zealous in their anti-child abuse programs, and courts are not lenient on child abusers.


Areas of Law