Sexual Harassment and Law Enforcement
Here is what you need to know about how the law protects those tasked with enforcing it.
Sexual harassment can have a devastating impact on the lives of those who experience it. Yet while it is present in every industry, it sometimes gets perceived as a corporate problem.
The truth, however, is even those who protect the public by enforcing the law are often victimized themselves.
The Basics of Sexual Harassment in Law Enforcement
In the context of law enforcement, sexual harassment can take on many forms and can occur between supervisors and subordinates, as well as between colleagues.
The law provides protections against sexual harassment for individuals working in a variety of industries, including law enforcement. In the United States, the primary federal law that prohibits sexual harassment in the workplace is The Civil Rights Act of 1964.
Title VII of the Act applies to employers with 15 or more employees, including federal, state, and local governments.
Under Title VII, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
- Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;
- Submission to or rejection of such conduct is used as the basis for employment decisions affecting the individual; or
- Such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.
In addition to Title VII, there are other federal laws that provide protections against sexual harassment, including the Civil Rights Act of 1991, which provides for damages in cases of intentional discrimination, and the Equal Pay Act of 1963, which prohibits sex-based wage discrimination.
It is important to note that, although law enforcement agencies are covered by these federal laws, sexual harassment within law enforcement can also be governed by state and local laws and policies.
Other Sexual Harassment Laws and Codes
To tackle the problem of sexual harassment within law enforcement agencies, some states have passed laws and implemented policies specific to the law enforcement community. California has the “California Law Enforcement Bill of Rights” which lays out a specific process for handling allegations of sexual harassment and misconduct within law enforcement agencies. It requires agencies to create a process for the reporting, investigation, and disciplinary action related to sexual harassment and misconduct.
Similarly, local police departments also have their own codes of conduct, which often include provisions prohibiting sexual harassment and discrimination. These codes may also include specific procedures for the investigation and disciplinary action related to sexual harassment and discrimination.
To prevent sexual harassment within law enforcement agencies, there are steps that can be taken. One of the most important is to establish a clear policy against sexual harassment and to communicate that policy to all employees. This policy should define what constitutes sexual harassment and explain how employees can report it. Agencies should also provide training on sexual harassment to all employees, including supervisors
It is also important to ensure that there are mechanisms in place for employees to report sexual harassment. This can include an internal reporting system, as well as the ability to file a complaint with the Equal Employment Opportunity Commission (EEOC). Agencies should also ensure that complaints are investigated promptly and that appropriate action is taken.
In addition, agencies should provide training to all employees on sexual harassment, including what it is and how to report it. Agencies should also establish procedures for investigating complaints of sexual harassment and take appropriate action in response to those complaints.
What Happens if These Steps are Not Taken?
If law enforcement agencies fail to take steps such as those outlined above, it may create a culture where sexual harassment thrives and workers are victimized.
In such cases, contacting an attorney who specializes in sexual harassment within law enforcement should be the next step.
Finding the right local attorney can help victims get justice, while also serving as the impetus for internal changes or improvements within law enforcement agencies, helping to ensure fewer workers are victimized in the future.
Understanding Sexual Harassment in Law Enforcement
Sexual harassment is a serious issue in law enforcement and has far-reaching consequences for both victims and the departments that employ them. When law enforcement fails to police its own behavior, victims are created, and reputations can be ruined.
Fortunately, those victims are protected by strong state laws that make it possible for them to be fairly compensated when sexually harassed.
Sexual Harassment in California
In California, sexual harassment in law enforcement has been a particularly pervasive issue, with numerous high-profile cases making headlines. In recent years, the state has passed legislation requiring all law enforcement agencies to have written policies on sexual harassment and providing training for officers on how to recognize and prevent harassment.
Despite these efforts, sexual harassment in law enforcement remains a significant problem in California, and victims often face significant barriers when attempting to seek justice.
Let’s take a closer look at this issue, and what victims need to know.
What is Sexual Harassment in Law Enforcement?
Sexual harassment is any unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that creates a hostile or offensive work environment. In law enforcement, sexual harassment can take many forms, including unwanted physical contact, sexual comments, and explicit images or messages.
Who Can Be a Victim of Sexual Harassment in Law Enforcement?
Any individual who works in law enforcement, including police officers, correctional officers, and other support staff, can be a victim of sexual harassment. It should be noted that women and minorities are disproportionately affected by this type of harassment, however.
What Are the Consequences of Sexual Harassment in Law Enforcement?
Victims may suffer from emotional distress, anxiety, and other mental health issues, and may even be forced to leave their jobs as a result of being harassed. The law enforcement entity can also face legal consequences, including costly lawsuits, damaged reputation, and loss of trust from the public.
What Can Victims of Sexual Harassment in Law Enforcement Do?
Victims of sexual harassment in law enforcement have several options for seeking justice and holding those responsible accountable. They can file a complaint with their employer, file a lawsuit against the individual responsible, or file a complaint with the appropriate government agency.
How Can We Help Victims of Sexual Harassment in Law Enforcement?
At L&B Law Group, we are committed to helping victims of sexual harassment in law enforcement seek justice and hold those responsible accountable for their actions. We understand the complex nature of these cases and have the experience and resources to help victims navigate the legal system.
If you or someone you know has been a victim of sexual harassment in law enforcement, don’t suffer in silence. Contact us today to schedule a consultation with one of our experienced attorneys. We will work tirelessly to help you seek justice and hold those responsible accountable for their actions.