Washington, DC Employment Law Blog

Most Washington, D.C., residents understand that the definition of sexual harassment covers actions such as forced physical contact or requests for sexual favors in exchange for employment. Other actions may be harder to classify. If you are experiencing unwelcome jokes or discussions at work that are sexual in nature, you may be able to file a harassment complaint. However, it is sometimes more difficult to determine whether words and jokes qualify as sexual harassment.

RAINN is a national anti-sexual-violence organization that provides information and help to survivors. RAINN's website offers detailed information on sexual harassment in the workplace. According to the site, sexual harassment laws may not cover some types of sexual jokes and comments even if they cause negative emotional effects. However, certain types of speech do fall under sexual harassment laws. For example, you may be able to file a complaint against someone in your office who continuously makes disparaging remarks about your sexual orientation or about people of a specific gender.

There has been a lot of rightful media attention on sexual harassment and discrimination in the workplace. High-profile cases have brought attention to a long-overlooked issue in American workplaces. That workplace issue is weight discrimination.

Despite recent body-positive social movements, research has shown that heavier workers earn less, promoted less often, and viewed less favorably. In fact, the study said employers see overweight employees as less disciplined. Weight bias also includes negative comments about a worker’s weight or penalties brought on by their company’s benefits program due to their weight.

Corporate and political jobs in D.C. are often dominated by men. While men are becoming increasingly accustomed to seeing women in the workplace, this may only serve to make women a threat. In the sentiment of "boys will be boys" men often respond to this threat with aggression, including sexual aggression. This may not always include physical actions, but men may convey this aggression through words or gestures.

Some organizations -- whether voluntarily or through inaction -- perpetuate a culture where men may feel entitled to not just the top positions but the women at work. This becomes a strong precursor to sexual harassment. According to MarketWatch, there has been a 14% increase in sexual harassment claims filed in 2018 with the Equal Employment Commission. While men do get sexually harassed too, the overwhelming majority of victims are women. Also, many men often harass other men.

Many companies in D.C. fear whistleblowers. They believe that with one word in the wrong ear, a whistleblower can take down an entire company that was previously thriving. While whistleblowers certainly may do this, a CNBC article says that they also help their companies to perform better. But how?

It really boils down to the level of priority a company places on integrity. If the priority is high, this should reflect in making proper channels available for employees to make illegal or unethical activities known. This may help companies to take action internally before any corporate scandal, lawsuit or external investigation by law enforcement occurs and decide on a strategy.