Wisconsin Employment Law: A Guide to Sexual Harassment in the Workplace

Wisconsin employment law provides a framework for employees and employers to understand their rights and responsibilities regarding workplace conduct, particularly concerning sexual harassment. In this article, we will explore what constitutes sexual harassment, the legal definitions, reporting procedures, and preventive measures that can be taken in the workplace.

Understanding Sexual Harassment

Sexual harassment is defined under both federal and state laws as unwelcome behavior of a sexual nature that creates a hostile work environment. This can include a variety of actions, such as:
- Unwanted sexual advances
- Requests for sexual favors
- Verbal harassment (e.g., lewd comments, jokes)
- Physical harassment (e.g., inappropriate touching)
- Displaying sexually explicit materials

Legal Definitions in Wisconsin

In Wisconsin, sexual harassment is specifically addressed under the Wisconsin Fair Employment Act (WFEA). The WFEA prohibits discrimination in employment based on several factors, including sex. Under this law, an individual may file a complaint if they believe they have experienced sexual harassment. It’s essential to note that harassment can be perpetrated by coworkers, supervisors, or even clients.

Reporting Sexual Harassment

If you experience or witness sexual harassment at work, it is crucial to report the behavior promptly. Employees should follow these steps:
1. **Document the Incident**: Keep detailed records of what transpired, including dates, times, locations, and witnesses. This documentation can be invaluable during investigations.
2. **Review Company Policies**: Familiarize yourself with your employer's policies on harassment and the procedure for filing a complaint.
3. **Report to a Supervisor or HR**: Bring the issue to the attention of your direct supervisor or Human Resources department. Employers are legally obligated to investigate and respond to sexual harassment claims.
4. **File a Complaint**: If internal reporting does not yield a satisfactory resolution, you may consider filing a complaint with the Equal Employment Opportunity Commission (EEOC) or the Wisconsin Department of Workforce Development (DWD).

Preventing Sexual Harassment in the Workplace

Prevention is a vital component in combatting sexual harassment in the workplace. Organizations should implement the following measures:
- **Establish Clear Policies**: Develop and communicate clear anti-harassment policies that outline unacceptable behaviors and state the consequences of such actions.
- **Provide Training**: Regular training sessions for employees at all levels can help build awareness and understanding of what constitutes sexual harassment and encourage a respectful work environment.
- **Promote Open Communication**: Create an environment where employees feel safe to report harassment without fear of retaliation. Encouraging open lines of communication can help foster trust and accountability.

Conclusion

Understanding Wisconsin employment law related to sexual harassment is crucial for maintaining a safe and respectful workplace. By knowing your rights, the reporting process, and the preventive measures, both employees and employers can work together to create a harassment-free environment. Remember that taking action against sexual harassment not only protects individuals but also promotes a healthier workplace culture overall.