I have been involved in a fair amount of sexual harassment cases and have spoken with hundreds of Utah sexual harassment complainants, usually women, who felt that they had been sexually harassed. I have learned through my numerous conversations with them that by far, the most common place for sexual harassment to occur is where food is being prepared or served. As it happens, this is usually a restaurant. Within the restaurant, the most common place for the sexual harassment to happen is in the company’s walk-in refrigerator. Believe me when I tell you that all manner of inappropriate conduct of a sexual nature happens in these walk-in “refers.” Not only is the harassment inappropriate, it is illegal under federal and Utah laws.
The problem arises when women (and sometimes men) fail to take action when they have been sexually harassed. They are afraid of losing their jobs or getting their hours cut. They don’t want to seem like they are not being a team player. They are worried about being able to move up in the company. The reasons for not reporting the behavior abound. One thing is clear, however, that when the sexual harassment is not reported, it is almost certain to reoccur.
First, the Utah sexual harassment victim needs to tell the harasser in clear, unmistakeable language that the harassment is unwelcome. They then need to report the conduct to their immediate supervisor or the person designated in their employee handbook as being the person to complain to in these situations. I have spoken with many women who experienced pretty severe sexual harassment but who never reported it to anyone. I usually have to tell these women that they don’t have a case. You see, the law requires, in fairness, that the employer be given an opportunity to fix the sexual harassment problem before the employer can be held liable for it. If the employee reports the problem and it happens again, then in those situations, the employer very well could be responsible for it.
If it does look like sexual harassment has occurred and their may be a claim against the employer, I advise my clients to complain to the Utah Labor Commission, at their Salt Lake City office. (This is actually a requirement under federal law.) A caseworker there will take their information and create a formal charge, which the employee will then sign. The parties then have a chance to sit down and try to work out a settlement. If this isn’t successful, the Utah Labor Commmission will conduct their own investigation and will issue their findings after they have finished their investigation. A sexual harassment victim, following the settlement conference, can also request from the Labor Commission the right to file suit against their employer in Federal Court. The letter is called a “right to sue” letter.
Keep in mind that Utah sexual harassment victims may have as little as 180 days from the last date of the sexual harassment to make their claims. In some cases, they have as many as 300 days. Not a large amount of time either way.
Ron Kramer is a Utah attorney with offices in the Salt Lake County areas and has experience working up sexual harassment cases. He offers a free consultation for those who feel they have been sexual harassed in the work place.
Published by: Ron Kramer
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