Colorado considers sexual harassment as a civil matter instead of being a crime. The alleged victim of sexual harassment can file a lawsuit for compensation however the harasser does not automatically go to jail, but they must pay money to the victim due to the trauma and damage that has been caused. There are bail bonds in Broomfield that are open anytime in case you know of someone who needs help.
There are 2 laws that prohibit sexual harassment in Colorado:
CRS 24-34-402 which is the state law or known as Colorado Anti-Discrimination Act
42 USC 2000e, federal law is known as Title VII
These laws both prohibit sexual harassment in the workplace. Colorado sexual harassment law applies to employers with 1 or more employees whereas the federal law applies to companies or organizations with 15 or more employees. In this case, sexual harassment is a form of discrimination and does not limit itself to unwanted sexual acts or advances but is also based on sexual orientation or gender identity.
No physical contact is necessary for an action to be considered sexual harassment. The below are examples of sexual harassment that falls in the category subject to the lawsuit:
- Unwelcome sexual advances
- Non-consensual touching
- Spreading sensual and sensitive rumors about workers
- Sexually tinged humor or jokes
However, not all sexual harassment are evident. Some may be in the form of less obvious actions that create a hostile environment in the workplace. Below are some examples:
- Hiring and promoting only one gender in the workplace
- Unequal pay based on gender differences
- Promotion that requires sexual favors
- Firing and demotion of workers that refuses sexual favors
Though in the past years, organizations have greatly improved in establishing harassment prevention and proper handling practices to ensure that the employees’ rights are upheld. And the EEOC or U.S. Equal Employment Opportunity Commission protects the rights of the LGBT workforce since they are subject to more discrimination and harassment in the workplace due to their sexual orientation.
The real question is when does sexual harassment become a crime? It becomes a crime if it is severe enough to fall under CRS 18-3-404 which is Colorado’s “Unlawful Sexual Contact”. This law has been violated when the following has been committed:
- The harasser or accused person knowingly touches the victim in an intimate area, or
- The harasser or accused person knowingly gets the victim to touch them in an intimate area
In this case, anything that is forced against the will of the victim and sexual contact has been intentional, the harasser can be charged with CRS 24-34-402, or “Unlawful Sexual Contact” which is usually a Class 1 misdemeanor wherein the accused could be fined around $500 to $5,000 and can be convicted to jail from 6 months to 2 years depending on severity. Check out Bail Bonds Broomfield Colorado for more information.
However, if the sexual contact involves threats, intimidation, and force, it could fall under Class 4 Felony which can come with $2,000 to $500,000 in fines and 2 to 8 years in prison. For more information, check your nearest bail bonds in Broomfield.
If your loved one has been charged with sexual harassment, our expert team in Lucky Lucero’s Bail Bonds is available for you 24/7. We are the trusted bail bonds in Broomfield Colorado and we believe that your loved ones deserve to be in the comfort of your home. Contact us now!