Labor Law in Alaska: Sexual Harassment

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Alaska's labor laws governing sexual harassment are both strict and complex, but the important thing to remember is that the laws are there to protect you as an employee from unwanted sexual advances and a hostile work environment. If you ever feel threatened or intimidated at work, you have the option to file a sexual harassment complaint, and you shouldn't worry about retaliation from your employer for defending your civil rights. In addition to the rights that you maintain under the federal Civil Rights Act, Alaska has its own Human Rights Law that protects you at the state level. Sexual harassment is considered a form of sex discrimination; therefore, any complaints that you wish to file should be registered with the relevant civil rights agency.

 

If you feel you have been the victim of sexual harassment, the Equal Employment Opportunity Commission (EEOC) may be the first agency you think of with regard to filing a complaint. While the EEOC will most likely be more than happy to process your claim at the federal level, Alaskan state law is often stricter and more protective of employees who are alleging sexual harassment. Depending on how your lawyer advises you, it may be better to let the Alaska State Commission for Human Rights (ASCHR) handle your case.

 

Filing with one agency does not mean you cannot file with the other one. The EEOC has an agreement with the ASCHR to jointly process claims when asked to do so. Please note, however, that the EEOC does not handle cases which involve companies that have fewer than 15 employees. Therefore, if you work for a smaller company, by law you will have to file at the state level. No matter which agency you choose, it's important that you not delay in filing your sexual harassment complaint. Both the ASCHR and the EEOC have strict statutes of limitations with regard to the amount of time that you can allow to pass between the incident in question and your filing date. For both agencies, you must file your complaint within 180 days of the incident in question. However, it is highly advisable that you file sooner than that, as you may later discover that you are up against additional legal deadlines.

 

Many times incidents of workplace sexual harassment go unreported because employees feel intimidated or worried about losing their jobs. Retaliation for defending your civil rights is viewed to be just as great an offense as the initial incident sexual harassment, so if your pay is cut, or you are terminated as a result of filing a complaint against your employer, you can add these offenses to your original complaint. Sexual harassment complaints are taken very seriously in Alaska courts, and regardless of whether you file at the state level or the federal level, you can rest assured that your complaint will be investigated thoroughly.