Sexual Harassment Law Albuquerque, NM
While completely unacceptable in the workplace, sexual harassment is a regular occurrence that employees and their employers must deal with. As an employee in New Mexico, you are protected by both state and federal laws from any behaviors that could be deemed sexual harassment. Federal law applies to any company owner with fifteen or more employees, while New Mexico state anti-discrimination and sexual harassment laws apply to companies with less than fifteen employees. Below are descriptions of the main categories of sexual harassment.
Quid Pro Quo Sexual Harassment
When an employer forces an employee to experience sexual harassment in order to keep his or her job, get a promotion, raise, or any other sort of employment benefit that his or her merits would otherwise entitle him to, this is called quid pro quo sexual harassment. An example would be if a supervisor told an employee that she could only receive a promotion if she went on a date with him, dressed in a more revealing way, or let him make sexual charged comments to her. It is important to understand that even if you do submit to sexual harassment at first, this does not necessarily disqualify you from making a complaint or from taking legal action. Many employees feel pressured to engage in sexually inappropriate activities with their superior in the workplace and then take action once they realize that they can defend themselves.
Hostile Environment Sexual Harassment
Hostile environment sexual harassment is the second major category of sexual harassment. It occurs when an employer or coworker makes sexual inappropriate gestures to an employee that are not connected to benefits, a raise, promotion, or other rewards. Even though these gestures are not connected to an exchange of sexual activity for rewards, they still contribute to an uncomfortable workplace in which the employee feels disrespected, unsafe, and offended. If ever an employer is aware of this activity within the company and does nothing to stop it or if the employer is the one making these gestures, then they are liable for a sexual harassment lawsuit.
Third Party Sexual Harassment
Third party sexual harassment law applies to situations in which you, the employee, are not being directly sexually harassed but are still affected by sexual harassment in the workplace going on between other employees. An example would be if you do not get a raise that you deserve while another employee who did submit to sexual harassment got the raise instead. Even though you were not engaging in sexual behavior, the transfer of sexual gestures in the work place still affected you. In cases like this, you can still take legal action against your employer.
Don’t Hesitate to Get Representation
If you live in New Mexico and have been subjected to sexual harassment in your workplace, you should seek legal counsel immediately. Contact us to have Roybal-Mack & Cordova, P.C.’s expertise in sexual harassment law on your side.