Practice Areas » Sexual Harassment
"Harassment" itself is not illegal, sexual harassment is. Many people think any type of "harassment" or allowing a "hostile environment" is illegal. It is not however, illegal to "harass" an employee if by "harass" you mean yell at or treat unfairly, or arbitrarily such acts are not necessarily illegal. It is illegal however, to put up pornography at the workplace, speak of women frequently in derogatory terms, or request sexual favors in return for getting a promotion or paycheck. That is sexual harassment and it is illegal. Hawaii Administrative Rules prohibit sexual harassment — H.A.R. 12-46-109
In Hawaii, employment laws help women who have been "sexually harassed". In one case a restaurant worker's buttocks were touched on two occasions by a co-worker (view news article). The question in that case was whether the employer who did not terminate the worker the first time he touched his co-employee's buttocks, was liable for sexual harassment when the worker did it again? The Hawaii Supreme Court held that an offensive touching of a woman's buttocks is a severe enough problem, that because the employer let it happen twice, the employer could be liable for sexual harassment. Another case, Nelson v. University of Hawaii, 97 Haw. 376 (2001), concerned a professor at the University of Hawaii who felt male professors demeaned her, but did not actually touch her or make overtly sexist remarks. The Hawaii Supreme Court held those circumstances could create a sexually hostile environment.
Development Of Sexual Harassment Protection
Sexual harassment was a huge problem in the United States during most of the 20th Century. It was not until 1986 that the U. S. Supreme Court ruled that sexual harassment was illegal. The case, Meritor Savings Bank v. Vinson, 477 U.S. 57, (1986), concerned a bank Vice President who forced a subordinate to have a sexual relationship with him to keep her job. The U.S. Supreme Court ruled this was an illegal form of gender discrimination. Five years later the Senate hearing on the Clarence Thomas nomination to the Supreme Court got the nation's attention. During those hearings Anita Hill testified Justice Thomas said offensive things to her and made offensive propositions to her while she worked for him. These hearings brought to the American consciousness the reality of sexual harassment in the workplace. Since then enforcement of sexual harassment laws has become stronger and more uniform, but sexual harassment still persists as a problem.
If you work in an environment in which supervisors or co-workers make the environment offensive for you because of your gender - you may have a valid sexual harassment claim. The classic case occurs when a woman is denied a promotion or denied a job or terminated because she refuses to go along with requests for sexual favors by her boss. The more usual case is when a woman is facing demeaning remarks and a hostile environment because of her gender.
If you are experiencing sexual harrassment at work, your employer may be violating the law. Our firm would be glad to assist you further. Contact Us Today →