Colorado Workplace Sexual Harassment

Colorado Workplace Sexual Harassment

Sexual harassment issues have been a pervasive problem in Colorado, and it comes in many forms. Although sexual harassment of employees frequently involves specific and unwelcome requests of a sexual nature, these forms of harassment are frequently not covered under current laws.

State and fed­eral laws 

The U.S. Equal Opportunity Employment Commission defines sexual harassment as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.” These laws apply to Colorado employee’s without regard to gender issues, & are covered under the umbrella of the EEOC governing laws.
Sexual harassment in the workplace is strictly prohibited by Colorado state law and by federal statute. Under Title VII of the Civil Rights Act of 1964, passed by Lyndon Johnson, workplace sexual harassment is strictly considered a form of discrimination, & is against the law. Title VII defines two main types of workplace harassment: quid pro quo and hostile work environment, which frequently leads to retaliation issues.

Quid pro quo

Quid pro quo defines sex­ual harass­ment as simply ” this for that,” or the workplace manager threatens to make job-related decisions based essentially on the employee’s ability to say “yes, or no” regarding sex­ual favors. A manager or business owner make commit Quid pro quo by constant threats to the employee related to salary or job security, which relates directly to the exchange of sexual favors. Refusing to participate in a Quid pro quo workplace situation, the employee may be fired, denied deserved promotions, or employee-related benefits, as a direct result of not granting sexual favors.

Hostile work environment

This type of sex­ual harass­ment specifically relates to unwel­come sex­ual con­duct in the work­place. If not addressed quickly, the employee’s ability to maintain job-related skill levels can be turned into a hostile work environment The results often see employee skill levels drop, mental anguish is pervasive, production and creativity are certainly affected.
Examples of “Unwelcome Conduct ” of a sexual nature may include:
  • Touch­ing, groping, or other phys­i­cal contact of an unwelcome nature.
  • Racial or ethnic sexual jokes, off-color remarks, or specific teasing or bullying of a sexual nature.
  • Graphic lewd or explicit draw­ings of graphic sexual figures.
  • Phys­i­cally confronting a person in a hostile nature

What is considered Sexual Harassment in Colorado:

  • Colorado Revised Statute 18-9-111, including subsection (e), referred to as Kiana Arellano’s law specifies the parameters for harassment.
  • Prosecutors must prove intent to annoy or harass stemming from any one of  the actions listed below:
    • Striking an individual by shoving, kicking or similar means, which causes injury or harm.
    • Obscene gestures, innuendos or language.
    • Following or, (stalks) an individual in the public area;
    • Initiates inappropriate communication using electronic devices, such as phones, computers, or tablets, which intend to harm, threaten, or belittle victim. 
    • Causes phone to repeatedly ring.
    • Insults, taunts, bullies or creates commotion likely to initiate an adverse response.
    • Crimes committed under this section are Class 3 misdemeanors unless the harassment is pointed toward individuals of race, religion, disability, ancestry or similar, in which it becomes a Class 1 misdemeanor.
If your company needs sexual harassment or harassment training in Colorado, click here to see Employee Harassment Training’s Colorado trainers.
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