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December 08, 2017 06:16 PM

What Can You Do About Sexual Harassment At Your Workplace?

The MeToo Movement has continued to spark discussion about sexual harassment in the workplace.

Thursday, we gave you an update on our Investigation "Cover-Up Concerns in the Catholic Church" about a Sioux Falls Diocese sexual harassment case. 

For the first time, the victim Lucia Maldonado revealed her identity. 

"I still have everything on me--especially when you feel alone, You feel not heard by the people that were supposed to be there and protect you--when you show them the truth--everything." former Sioux Falls Parish Secretary Lucia Maldonado said.

So what can you do, if you're in a situation with sexual harassment in your workplace? 

According to South Dakota law, when an employer is made aware of a sexual harassment situation, they must take action to fix the situation. However, the employer is not required to fire an alleged harasser.

So, what has to be proved in a court case? In the early 90s the state Supreme Court adopted requirements for sexual harassment. This means in order to win a sexual harassment claim, the victim must show that he or she belongs to a protected group and was a victim of sexual harassment.

They also have to prove the harassment was based on sex and impacted their employment.

Finally, the victim also has to show that the employer knew or should have known of the harassment and didn't take proper action.

In the case of Moldanado, she has not filed a sexual harassment claim in court against the Sioux Falls Catholic diocese, although attorneys have encouraged her to do so. She told the KELOLAND Investigative team she doesn't want to hurt the church.  

© 2017 KELOLAND TV. All Rights Reserved.

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