FREQUENTLY ASKED QUESTIONS

Employment/Wrongful Discharge

1. What is sexual harassment?
   What are some examples of sexual harassment?
   Can I be sexually harassed by anyone besides my supervisor?
   What can I do about sexual harassment?
   Can I be fired or disciplined for reporting sexual harassment?
   My boss wants to fire me for accusing him or her of sexual harassment. Can he/she do that?
   Can a man sexually harass another man? (or woman to woman?)
   What can I do if I am disciplined by my employer?
   Can I be fired for filing a Workers' Compensation claim? Do I need a lawyer to fight my discharge?
   What are federal employee rights?

Labor Unions

1. Who can join a union?
   How can I form a union?
   Can I be discriminated against for union activity?
   What public employees can join unions?
   What are the benefits of joining a union?
   How much are union dues?

False Claims/Whistleblowing

1. What is a False Claim?
   What is a whistleblower?
   Will I be protected if I blow the whistle on my employer?
   What do I do if I suspect False Claims?
   Is there a reward for being a whistleblower?
   Can I file an anonymous claim?
   How does a False Claims case work?
   What if somebody else knows about the False Claim?
   What industries are involved in False Claims?

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What is sexual harassment?

Sexual Harassment is a form of gender/sex discrimination that is prohibited by Title VII of the Civil Rights Act of 1964. Sexual harassment can take many forms. Sexual harassment includes unwelcome sexual advances or other verbal or physical acts of a sexual nature made to you or in your presence. The sexual conduct is harassment if the employee is threatened, even subtly, that: (1) the employee's submission to the conduct or rejection of the conduct will influence personnel decisions, including getting a job or promotion, the amount of money earned, shift assignments, job assignment, or being disciplined, demoted, suspended, or fired; (2) if rejection or acceptance of the sexual conduct/advance is actually posed as a basis to make personnel decisions; or (3) the sexual conduct is so constant or outrageous that it reasonably interferes with your job performance or creates a hostile or offensive working environment.

What are examples of sexual harassment?

Some examples of sexual harassment are:
Physical contact of a sexual nature, like touching, brushing against your body, rubbing, and "bra checks";
Propositions for sexual acts, even implied, subtle propositions, including flirting;
Sexual comments like:
remarks about your body or clothes,
sexually explicit jokes,
explicit stories,
explicit statements or questions,
"what I did last night" comments, and
whistling, ogling, leering, and catcalls.

Exposure to sexual videos, pictures, posters, graffiti, cartoons, objects or sex toys;
Physically restraining or blocking your movements;
Sexually degrading words about an individual; and
Excessive public displays of affection (walking out, petting, etc.) between co-workers on the job or in the workplace.

Can I be sexually harassed by anyone besides my supervisor?

Yes. Your employer must protect you from sexual harassment by customers, clients, suppliers, consultants, delivery services, and vendors of your company. Sexual harassment is also prohibited by your co-workers, supervisor, or employees of other departments, and upper management. No one in your company or anyone you do business with can sexually harass you.

What can I do about sexual harassment?

You have the right to a work environment free from sexual bias, hostility, or intimidation. To protect yourself, you should:
Immediately tell the harasser to stop. This may prevent future harassment or advise the harasser of offensive conduct that he or she did not realize.
Review your company's sexual harassment reporting policy and follow it. You can use a union grievance process to report the harassment. Confirm your report, in writing, to management.
Keep notes of the harassment, including dates, times, places, and witnesses. In some states, like Oklahoma, you can secretly tape record conversations, over the phone or in person, with your harasser. Check your corporate policies to see if you are prohibited from doing this at work.
Contact an attorney experienced in these cases.
You must complain to the EEOC within 300 days of the event.
We realize these cases are very fact-specific and personalized to you. For more information, contact McCaffrey & Tawwater directly.

Can I be fired or disciplined for reporting sexual harassment?

Absolutely not. The law protects you from any type of retaliation for reporting sexual harassment. Generally, the law even requires that you do report it, or you might not be able to sue.

My boss wants to fire me for accusing him or her of sexual harassment. Can he/she do that?

Absolutely not. You do not have to win your sexual harassment case to be protected by sexual harassment. Just because your boss disagrees with your perception of the event being sexual harassment does not give him/her the right to retaliate. You can be wrong about sexual harassment and still be protected against retaliation.

Can a man sexually harass another man (or a woman harass another woman)?

Yes. Same sex sexual harassment is just as illegal as male to female sexual harassment. This includes homosexual harassment of other homosexuals and of heterosexual individuals. It also includes sexually related horseplay, harassment, and hazing between heterosexual males or females.

What can I do if I am disciplined by my employer?

If you are disciplined (remanded, suspended) in violation of some other right (i.e., discrimination), you may be able to go to the Equal Employment Opportunity Commission (EEOC) or the Oklahoma Human Rights Commission.

If you are disciplined, you may want to look at procedures outlined in the employee handbook for other remedies.

Can I be fired for filing a Workers' Compensation claim? Do I need a lawyer to fight my discharge?

Yes. Don't count on using your workers' compensation lawyer - he or she may not be experienced in workers' compensation retaliatory discharges. Contact an attorney experienced in this type of employment law.

What are federal employee rights?

If you feel that you have been discriminated against, harassed, or wrongly discharged, and you are a State employee in Oklahoma, you should contact the MSPB. If you are a County employee in Oklahoma, ______________.