Understanding the Individual Impact of Sexual Harassment

We write often on this blog about our beliefs as a law firm about believing and supporting individuals who have experienced sexual harassment. Sexual harassment can impact much more than your work environment and making the decision to take action against it can be difficult. It may be helpful to consider the ways in which those who experience sexual harassment are affected. If someone you love is being harassed, it could be easier to support them when you understand what they’re going through. Or maybe you’re interested in learning about why movements like the #MeToo Movement are gaining momentum and relevance in Iowa, and in the country as a whole. While sexual harassment is a product of a greater social issue, the effects of sexual harassment in terms of the individual can be profound.

If someone is being sexually harassed, it will often affect their performance and environment in the workplace. Sexual harassment can create an extremely negative work environment. The individual may find themselves feeling angry, embarrassed or scared while working. This can lead to avoiding shifts at work or taking PTO to avoid the harassment. It could have a negative effect on furthering education or advocating for a raise or a promotion, as those being harassed are less likely to feel comfortable and safe advocating for themselves. Many individuals will consider quitting work, which can cause further emotional and financial strain. 

Sexual harassment often affects individuals outside of the office as well. In their personal life, identifying and addressing sexual harassment can cause a lot of stress. This can have negative effects on both physical and mental health.  It can cause mental health problems like anxiety, depression, or even PTSD. It can also exacerbate previously existing issues like substance abuse. This stress can also manifest physically in the body, with symptoms like headaches, sore muscles, or issues with sleeping and fatigue. It’s important to keep in mind that the effects can last even after the sexual harassment has ended and can cause strain and conflict on interpersonal relationships. 

Sexual harassment is a complex issue that can take many forms and it can be easy to feel isolated. It’s important to remember that if you or someone you love is experiencing sexual harassment, you are not alone. There are resources to help. If you’re unsure whether you’re being treated fairly at work, you can read our blog post here. If you’re interested in learning about the current state and impact of sexual harassment in the U.S., you can check out the Institute for Women’s Policy Research. You can also find more resources on RAINN and the National Sexual Assault Hotline. 

If you have questions about your case or need a sexual harassment lawyer, please call us at (319) 826-2250 for a free initial consultation. 

The above information is meant to be helpful, but is not meant to replace the legal advice of an attorney with whom you have an attorney-client relationship.

Veteran's Workplace Rights

Veteran’s Day is this week! One way to celebrate is by knowing the rights of veterans at work after returning home. Veterans who have been disabled during service are entitled to certain protections under federal law: most notably through the Americans with Disabilities Act (ADA) and the Uniformed Services Employment and Reemployment Rights Act (USERRA.) While some veterans may find it difficult to request extra accommodations and support, we all have a right to a workplace that is safe and comfortable. Below is a quick introduction to your rights as a disabled veteran and employee.

Rights during the application and hiring process:

An employer may ask about your disability status, but you are not required to disclose this information (especially if you don’t require any special accommodations). If you are qualified for a position, they cannot discriminate against you on the basis of your disability. This means employers are not allowed to screen or disqualify candidates based on assumptions about the disability, but must assess you based on your experience and ability. The employer is not allowed to ask you questions about the details or circumstance surrounding your disability, even if your disability is immediately physically visible (amputations/wheelchairs etc.) They may, however, ask questions about your capability to handle certain tasks on the job, and whether you would need assistance in order to complete those tasks. 

Rights during employment:  You can ask for accommodations and support from your employer at any time, whether it be verbally or in writing. The ADA lists common examples of accommodation like changing the configuration of a work space (adding ramps or lowering shelving and desks), hiring interpreters or composing Braille training materials for the deaf or blind, and arranging special schedules or time off to attend treatment or therapy. If harassment occurs at the workplace (offhand remarks or teasing, being denied promotions, etc.) you could pursue a legal claim against your employer. If you don’t know if you’re being treated unfairly, read our blog post here about workplace harassment and discrimination.

While discrimination based on disability is illegal, it still happens far too often. For more detailed information about your employment rights as a disabled veteran, you can check out the Equal Opportunity Employment Commission. The Department of Justice’s American Disabilities Act also has in-depth resources to help you navigate your workplace and advocate for yourself. If you are an employer and want to know how to approach hiring practices ethically, you can also check out these resources. 

If you have questions about your employment rights or need a discrimination lawyer,

please call us at (319) 826-2250 for a free initial consultation. 

The above information is meant to be helpful, but is not meant to replace the legal advice of an attorney with whom you have an attorney-client relationship.

Iowa's Gender Pay Gap: Why And What To Do About It

Iowa’s gender pay gap is one of the widest in the nation. According to the AAUW, on average, women in Iowa make 77 cents for every dollar a man makes. That number is well below the national average and places Iowa at number 41 in a ranking of the 50 states and Washington D.C.

Factors At Work

Employers give a lot of reasons for the gender pay gap, but really the gender pay gap is a result of gender discrimination – pure and simple – both historical and current discrimination. Because women have historically been paid less than men they are often willing to accept lower pay than a man would, however courts have made it clear that woman’s willingness to accept a lower pay rate does not make it legal to pay her less for the same work.

This factor is compounded by the fact that many women don’t know they are being paid less than the men they work with. Many employers prohibit employees from sharing their salaries allowing them to keep unequal pay a secret. Although Iowa passed its Equal Pay Act in 2009, and it is one of the strongest Equal Pay Acts in the nation, it requires that employees file a complaint with the Iowa Civil Rights Commission or file a lawsuit in order to remedy unfair pay. As it stands today, there are no specific laws in Iowa that prevent an employer from requiring his employees to keep their wages a secret from their fellow employees. Workplace discrimination lawyers see firsthand that this lack of transparency may cause female employees to be unaware of discriminatory pay practices happening in their workplace.

What You Can Do

Whether you are a woman in Iowa feeling that pay gap, or anyone anywhere who feels the weight of this discrimination, there are steps you can take to make change.

1)    Advocate for Yourself

Speak with your employer or your fellow employees to find out if your salary or wages is commensurate with your male colleagues. Negotiate your salary, raises, and bonuses with confidence, knowing that the U.S. Equal Pay Act, Title VIII and Iowa’s Equal Pay Act protect women from being paid unfairly. Iowa and federal law also protect you from retaliation from your employer for bringing this up. If you suspect unfair pay practices, here are a few things you should know. 

2)    Advocate for All

Starting with your own negotiations, continue having this conversation. Speak with other women in your industry or community and encourage them to speak up for themselves. Unequal pay practices occur in every field and women in leadership positions may be at a higher risk of being paid unfairly. If you are in a position to set salaries in your organization, review women’s pay and advocate for equal pay among men and women.

3)    Legislative Change

Educate yourself about local or state laws on the ballot that further protect employees from wage discrimination. Speak with your legislators, state and federal, about laws that encourage transparency and honesty in wage practices. At the federal level, every year, a bill is introduced that would require employer transparency so that people know when they are being paid unfairly, but every year corporate employers oppose the bill and it has never passed.  Contact your representatives and encourage them to support this bill. Iowa could enact a similar law and so you should also contact your state representatives and encourage them to put forth this type of legislation.

4)    Seek Legal Assistance

If you discover that you have been paid less than your male colleagues, we can help. We have experience as workplace discrimination lawyers and have successfully represented women in court who were being paid unfairly.

If you need a lawyer to represent you, please call us for a free consultation at (319) 826-2250 or fill out our contact form.