Sexual Harassment

Sexual harassment refers to unwelcome and often intimidating verbal or physical sexual advances. It often carries threats of employment reprisals if such advances are refused and has been defined by federal government and courts as illegal employment discrimination.
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Definition

Sexual harassment is defined as unwelcome and often intimidating verbal or physical sexual advances. It generally involves a power dynamic, such as a supervisor demanding favors from an employee, which can produce or imply employment consequences such as reprisal or retaliation. According to federal law, particularly Title VII of the Civil Rights Act of 1964, sexual harassment constitutes illegal employment discrimination.

Types

  1. Quid Pro Quo: This type occurs when job benefits are directly tied to the acceptance or rejection of unwelcome sexual advances or requests for sexual favors.
  2. Hostile Work Environment: This form occurs when the work environment becomes intimidating, hostile, or offensive due to unwelcome sexual conduct.

Examples

  • A manager offering a promotion in exchange for a date.
  • Unwanted sexual comments or jokes making the workplace uncomfortable.
  • Inappropriate touching or groping by a coworker without consent.
  • Displaying sexually explicit materials in the workplace.

Frequently Asked Questions (FAQs)

What should an employee do if they experience sexual harassment?

An employee should document the incidents, report the behavior to their supervisor, human resources department, or use any formal grievance processes provided by their employer. Legal advice may also be sought.

How is sexual harassment proven in court?

Evidence such as emails, texts, voice recordings, witness testimonies, and consistent documentation of incidents can help prove sexual harassment in court.

Can men be victims of sexual harassment?

Yes, sexual harassment can affect anyone regardless of gender. Men, women, and non-binary individuals can all be victims of sexual harassment.

Are employers liable for sexual harassment committed by employees?

Employers can be held liable if they knew or should have known about the harassment and failed to take immediate and appropriate action to stop it.

Are there any laws protecting employees from sexual harassment?

Yes. Federal laws such as Title VII of the Civil Rights Act of 1964 protect employees from sexual harassment. Many states have additional laws and regulations to protect employees from workplace harassment.

  • Title VII of the Civil Rights Act of 1964: A federal law that prohibits employment discrimination based on race, color, religion, sex, and national origin, including sexual harassment.
  • Quid Pro Quo: A type of sexual harassment where employment benefits are contingent on sexual favors.
  • Hostile Work Environment: A form of harassment creating an intimidating or offensive work environment.
  • Retaliation: Adverse actions taken by an employer against an employee for reporting discrimination or harassment.

Online References

  1. Equal Employment Opportunity Commission (EEOC) - Sexual Harassment
  2. U.S. Department of Labor - Sexual Harassment Resources
  3. Title VII of the Civil Rights Act of 1964 - Full Text

Suggested Books for Further Studies

  • “The New Workplace Sexual Harassment: From Title VII to #MeToo” by Celene Z. Henderson
  • “Sexual Harassment in the Workplace: Law and Practice” by Alba Conte
  • “The Hummingbird Effect: Sexual Harassment Law in the Era of #MeToo” by Aiden D. Walker

Fundamentals of Sexual Harassment: Employment Law Basics Quiz

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