Sexual Harassment at the Workplace
Sexual Harassment Cases
Tayeb Hyderally is an attorney whose expertise is in the field of employment law which covers a wide variety of situations as they relate to the workplace. One of these areas is sexual harassment in the workplace. It is the employer’s responsibility to ensure that the workplace is free from this type of misconduct by having clearly stated policies in place. They must also provide ways for employees who feel that they are the victim of sexual harassment to be able to report such activities without the fear of retaliation or retribution. One of the difficult aspects of sexual harassment is determining just what crosses the line. For instance, does it constitute sexual harassment if your boss asks you to go have a drink? Or is flirting classified as sexual harassment? It is very important for both employee and employer to understand where those definitive lines lie to prevent legal action.
What is Sexual Harassment?
The term, “sexual harassment” constitutes any unwelcome sexual conduct at the workplace which creates an environment which is intimidating, offensive or hostile. When any type of conduct which is of a sexual nature occurs that makes another feel uncomfortable it can potentially be sexual harassment. This can cover various types of conduct that is considered sexual in nature including actions expressed verbally, physically or visually. There are also some actions which are non-sexual but can be listed as sexual harassment. For example, if a person is harassed simply because of their gender. The victim’s harasser could be a manager, supervisor or a coworker. It is possible to be sexually harassed in the workplace by a nonemployee such as a customer or a vendor.
Sexual Harassment and the Law
Individuals are provided protection from sexual harassment in the workplace under federal laws. In 1964 Title VII of the US Civil Rights Act was passed. Employers with 15 or more employees are responsible for making sure the workplace is free from sexual harassment. Title VII is applicable to most public employers and private employers, employment agencies, and labor organizations. It also applies to joint employer-union apprenticeship programs which have at least 15 employees.
Two Classifications of Sexual Harassment
There are basically two types of sexual harassment which occurs: quid pro quo harassment and hostile work environment harassment. Sexual harassment is not just limited to male-on-female types of harassment although it is the most typical. Incidents of female-on-male as well as same gender sexual harassment are also increasing. Quid pro quo occurs when any type of job benefit is linked to an employee submitting to unwelcome sexual advances. This includes actions such as agreeing to go on a date with a supervisor, sexual relations with the supervisor or making any sort of professional decision based on being silent about submission of another employee.
Hostile work environment harassment is the most commonly heard of type of sexual harassment. It can also be more difficult to legally pinpoint. It occurs when an employee feels “uncomfortable” in the workplace due to behavior or comments which are “sexually charged.” This can also include electronic communications. This can also include unequal treatment of different genders, displaying sexualized objects or images, making sexually derogatory statements or unwelcomed sexual advancements.
Training Employees
Many states already require some employers to provide employees with sexual harassment training. It is imperative that employees be trained to identify sexual harassment and inform them of complaint processes. Managers and supervisors should be trained as to how to deal with complaints appropriately. Employers must take quick responses to complaints to avoid legal ramifications. Staff members should all be informed on how to recognize and report sexual harassment that occurs in the workplace.
What is Sexual Harassment?
The term, “sexual harassment” constitutes any unwelcome sexual conduct at the workplace which creates an environment which is intimidating, offensive or hostile. When any type of conduct which is of a sexual nature occurs that makes another feel uncomfortable it can potentially be sexual harassment. This can cover various types of conduct that is considered sexual in nature including actions expressed verbally, physically or visually. There are also some actions which are non-sexual but can be listed as sexual harassment. For example, if a person is harassed simply because of their gender. The victim’s harasser could be a manager, supervisor or a coworker. It is possible to be sexually harassed in the workplace by a nonemployee such as a customer or a vendor.
Sexual Harassment and the Law
Individuals are provided protection from sexual harassment in the workplace under federal laws. In 1964 Title VII of the US Civil Rights Act was passed. Employers with 15 or more employees are responsible for making sure the workplace is free from sexual harassment. Title VII is applicable to most public employers and private employers, employment agencies, and labor organizations. It also applies to joint employer-union apprenticeship programs which have at least 15 employees.
Two Classifications of Sexual Harassment
There are basically two types of sexual harassment which occurs: quid pro quo harassment and hostile work environment harassment. Sexual harassment is not just limited to male-on-female types of harassment although it is the most typical. Incidents of female-on-male as well as same gender sexual harassment are also increasing. Quid pro quo occurs when any type of job benefit is linked to an employee submitting to unwelcome sexual advances. This includes actions such as agreeing to go on a date with a supervisor, sexual relations with the supervisor or making any sort of professional decision based on being silent about submission of another employee.
Hostile work environment harassment is the most commonly heard of type of sexual harassment. It can also be more difficult to legally pinpoint. It occurs when an employee feels “uncomfortable” in the workplace due to behavior or comments which are “sexually charged.” This can also include electronic communications. This can also include unequal treatment of different genders, displaying sexualized objects or images, making sexually derogatory statements or unwelcomed sexual advancements.
Training Employees
Many states already require some employers to provide employees with sexual harassment training. It is imperative that employees be trained to identify sexual harassment and inform them of complaint processes. Managers and supervisors should be trained as to how to deal with complaints appropriately. Employers must take quick responses to complaints to avoid legal ramifications. Staff members should all be informed on how to recognize and report sexual harassment that occurs in the workplace.