Sexual harassment can broadly be defined as any offensive conduct sensitive to gender, which makes a reasonable male or female uncomfortable at work. The first line of defense against sexual harassment at work is by victims alerting their harasser of the discomfort. If this fails, a frank discussion with your company’s human resources administrator should immediately cease sexual harassment. If sexual harassment still occurs, employees have a host of legal protections and options to ensure the harassment stops. The EEOC handles sexual harassment claims, and in 2006, over 12,000 charges of sexual harassment were received in that year alone.
Problems Caused by Sexual Harassment in the Workplace
Victims of sexual harassment, who refuse to entertain offensive comments or unwanted advances can potentially suffer a whole host of career derailing problems, including:
• Job loss or threats of termination
• Denial of promotion, salary, or other benefits
• Forced reassignment within the company
• Constructive discharge in lieu of enduring further sexual harassment
In addition to these problems, individuals reporting sexual harassment to their harasser, their superiors, or the EEOC may face retaliatory action directly from individuals or behind the veil of a company policy or decision. In many cases, victims of sexual harassment can sustain serious economic losses, as well as large amounts of personal damages, such as emotional and mental distress.
Problems Caused by Sexual Harassment in the Workplace
Victims of sexual harassment, who refuse to entertain offensive comments or unwanted advances can potentially suffer a whole host of career derailing problems, including:
• Job loss or threats of termination
• Denial of promotion, salary, or other benefits
• Forced reassignment within the company
• Constructive discharge in lieu of enduring further sexual harassment
In addition to these problems, individuals reporting sexual harassment to their harasser, their superiors, or the EEOC may face retaliatory action directly from individuals or behind the veil of a company policy or decision. In many cases, victims of sexual harassment can sustain serious economic losses, as well as large amounts of personal damages, such as emotional and mental distress.
What Constitutes Sexual Harassment?
Numerous incidents or actions may constitute sexual harassment in the workplace. Deciding whether a given incident falls under the category of sexual harassment is not always easy. Therefore, through court precedents, the federal government notes two forms of sexual harassment: “Quid Pro Quo” and “Hostile Environment”
“Quid Pro Quo”, known as “this for that”, is a form of sexual harassment that demands sexual cooperation by an employee as part of their continued employment. In vernacular, this form of discrimination is known as “put out or get out”. A general example would be an employer suffering sexual harassment from another employee or employer. When reported or asked to cease, the supervisor maintained that sexual cooperation was integral to continued employment. If the victim furthered their claims, and the employer terminated the employee, this would constitute a form of Quid Pro Quo sexual harassment.
Numerous incidents or actions may constitute sexual harassment in the workplace. Deciding whether a given incident falls under the category of sexual harassment is not always easy. Therefore, through court precedents, the federal government notes two forms of sexual harassment: “Quid Pro Quo” and “Hostile Environment”
“Quid Pro Quo”, known as “this for that”, is a form of sexual harassment that demands sexual cooperation by an employee as part of their continued employment. In vernacular, this form of discrimination is known as “put out or get out”. A general example would be an employer suffering sexual harassment from another employee or employer. When reported or asked to cease, the supervisor maintained that sexual cooperation was integral to continued employment. If the victim furthered their claims, and the employer terminated the employee, this would constitute a form of Quid Pro Quo sexual harassment.
“Hostile Environment” comprises of any undesired sex-based incidents involving other employees, supervisors, vendors, and virtually anyone else a victim must interact with as part of their job function. Unlike quid pro quo, a supervisor is not a necessary party in hostile environment sexual harassment cases. A sexually hostile environment crosses the line when the environment is abusive to the victim, and it severe enough to create an environment that a reasonable individual would deem abusive. Other environments may constitute sexual harassment, even if nothing sexual is involved, but rather, the environment is abusive based on gender discrimination.
Some of the more commonly cited incidents leading to an action being deemed “sexually hostile” include:
• Threats to perform “quid pro quo” termination that were not followed through
• Unnecessary physical contact, indecent gestures, or hostile physical contact
• Discussing sexual matters, telling offensive jokes, commenting on physical attributes, using demeaning diminutives, or using offensive language
• Discriminating against non-participating individuals, through job favors or sabotage of their work
Another aspect of proving sexual harassment is determining whether cited behaviors meet the criteria of being pervasive or severe to warrant an environment being deemed hostile.
• Threats to perform “quid pro quo” termination that were not followed through
• Unnecessary physical contact, indecent gestures, or hostile physical contact
• Discussing sexual matters, telling offensive jokes, commenting on physical attributes, using demeaning diminutives, or using offensive language
• Discriminating against non-participating individuals, through job favors or sabotage of their work
Another aspect of proving sexual harassment is determining whether cited behaviors meet the criteria of being pervasive or severe to warrant an environment being deemed hostile.
The courts will consider each of the following factors, which in combination will ascertain whether an environment was hostile:
• Was the harasser a superior to the victim?
• How severe was the actual conduct?
• How often, or frequently, did the unwelcome behavior occur?
• Was the conduct physical or verbal? Was it threatening, embarrassing, or offensive?
• Was the victim’s work performance hindered?
• Was the victim’s psychological health damaged?
• Was the harasser a superior to the victim?
• How severe was the actual conduct?
• How often, or frequently, did the unwelcome behavior occur?
• Was the conduct physical or verbal? Was it threatening, embarrassing, or offensive?
• Was the victim’s work performance hindered?
• Was the victim’s psychological health damaged?
Understanding Sexual Harassment in the Workplace.
Sexual harassment can happen to anyone. While women are usually the complainants, men can also be victims of male discrimination. Although sexual harassment can occur in a variety of circumstances, it is more common at the workplace.
Sexual harassment can happen to anyone. While women are usually the complainants, men can also be victims of male discrimination. Although sexual harassment can occur in a variety of circumstances, it is more common at the workplace.
Also, more often but not always, the harasser is in a position of power or authority over the victim. The United States Equal Employment Opportunity Commission (EEOC) states that the harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.
So what is sexual harassment? Does physical contact have to be involved for it to be considered sexual harassment?
Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.
Different Forms of Sexual Harassment
Courts have recognized different forms of sexual harassment cases in workplace scenarios. In "quid pro quo" cases, employers condition employment benefits on sexual favors. In sexual harassment hostile work environment cases, employees work in offensive or abusive environments.
• Quid Pro Quo Harassment - "Something for something" or "you do something for me and I'll do something for you"
• For example, the manager would promise an employee a raise or a promotion if she will sleep or go out on a date with him. Threatening a worker with termination for sexual favor is also an example.
• There is usually a benefit or threat involved in exchange for compliance.
• Quid pro quo harassment is equally unlawful whether the victim resists and suffers the threatened harm or submits and thus avoids the threatened harm.
• Hostile Environment Sexual Harassment - This occurs when an employee is subjected to a sexualized environment.
• Obscenities, comments and jokes of a sexual nature, offensive sexual materials, viewing Internet pornography can create an offensive or hostile environment sexual harassment.
• A single isolated incident will not be considered hostile environment harassment unless it is an extremely outrageous and egregious conduct.
• Supervisors, managers, co-workers and even customers can be held responsible for creating a hostile environment.
If you or a friend is a victim of sexual harassment employment, the EEOC says that is helpful for the victim to directly inform the harasser that the conduct is unwelcome. The harasser accused of sexual harassment must be told to stop his conduct or actions. The victim may also use any employer complaint mechanism or grievance system available.
Some Stats on Sexual Harassment
In a 2008 sexual harassment survey, there were 13,867 charges of sexual harassment filed by the EEOC. 15.9% of those charges were filed by men. $47.4 million in monetary benefits for charging parties and other aggrieved individuals (not including monetary benefits obtained through litigation) were recovered in 2008.
Courts have recognized different forms of sexual harassment cases in workplace scenarios. In "quid pro quo" cases, employers condition employment benefits on sexual favors. In sexual harassment hostile work environment cases, employees work in offensive or abusive environments.
• Quid Pro Quo Harassment - "Something for something" or "you do something for me and I'll do something for you"
• For example, the manager would promise an employee a raise or a promotion if she will sleep or go out on a date with him. Threatening a worker with termination for sexual favor is also an example.
• There is usually a benefit or threat involved in exchange for compliance.
• Quid pro quo harassment is equally unlawful whether the victim resists and suffers the threatened harm or submits and thus avoids the threatened harm.
• Hostile Environment Sexual Harassment - This occurs when an employee is subjected to a sexualized environment.
• Obscenities, comments and jokes of a sexual nature, offensive sexual materials, viewing Internet pornography can create an offensive or hostile environment sexual harassment.
• A single isolated incident will not be considered hostile environment harassment unless it is an extremely outrageous and egregious conduct.
• Supervisors, managers, co-workers and even customers can be held responsible for creating a hostile environment.
If you or a friend is a victim of sexual harassment employment, the EEOC says that is helpful for the victim to directly inform the harasser that the conduct is unwelcome. The harasser accused of sexual harassment must be told to stop his conduct or actions. The victim may also use any employer complaint mechanism or grievance system available.
Some Stats on Sexual Harassment
In a 2008 sexual harassment survey, there were 13,867 charges of sexual harassment filed by the EEOC. 15.9% of those charges were filed by men. $47.4 million in monetary benefits for charging parties and other aggrieved individuals (not including monetary benefits obtained through litigation) were recovered in 2008.
Employment and Sexual Harassment
An accurate depiction of the scope of employment sexual harassment in the United States is truly hard to quantify by and large. Numerous upon numerous numbers of these instances of illegal and unethical behaviors occur each and every day; however, due to a lack of knowledge on their rights or out of fear, many employees refuse to file employment sexual harassment suits. According to the United States Equal Employment Opportunity Commission in 2008, the annual total of employment sexual harassment cases that are actually filed with the EEOC is about 15,000. Sexual harassment can be perpetrated by men and women, and in addition, victims can be either men or women. In the year 2007, for example, about sixteen percent of the claims filed with the EEOC involved a male employee complaining about sexual harassment they were forced to endure. The stereotypical case of sexual harassment may involve a male employee overly being suggestive or affectionate towards young female employees, however, statistics constantly rebuke this claim and show that harassment victims can be either gender, any race, religion, or age. Anyone can become or already is a victim of employment sexual harassment.
An accurate depiction of the scope of employment sexual harassment in the United States is truly hard to quantify by and large. Numerous upon numerous numbers of these instances of illegal and unethical behaviors occur each and every day; however, due to a lack of knowledge on their rights or out of fear, many employees refuse to file employment sexual harassment suits. According to the United States Equal Employment Opportunity Commission in 2008, the annual total of employment sexual harassment cases that are actually filed with the EEOC is about 15,000. Sexual harassment can be perpetrated by men and women, and in addition, victims can be either men or women. In the year 2007, for example, about sixteen percent of the claims filed with the EEOC involved a male employee complaining about sexual harassment they were forced to endure. The stereotypical case of sexual harassment may involve a male employee overly being suggestive or affectionate towards young female employees, however, statistics constantly rebuke this claim and show that harassment victims can be either gender, any race, religion, or age. Anyone can become or already is a victim of employment sexual harassment.
Definition of Sexual Harassment
The EEOC, on behalf of the United States government, formed a concrete definition of sexual harassment in the United States in 1980. The definition is based in part by the rights specified to all individuals in Title VII of the Civil Rights Act of 1964.
The EEOC, on behalf of the United States government, formed a concrete definition of sexual harassment in the United States in 1980. The definition is based in part by the rights specified to all individuals in Title VII of the Civil Rights Act of 1964.
The EEOC deems behaviors as sexual harassment when victims experience unwelcome sexual advances, queries for sex, or experience spoken or acted incidents that prove sexual in nature when these acts include the following conditions:
• The alleged actions caused interference with a victim’s work, work environment, or their safety
• The rejection of sexual advances by sexual harassers caused detrimental retaliatory actions in a victim’s employment or career advancement
• The submission to sexually harassing actions was either overtly or subtly noted as a condition to the terms of employment
The Victims Role in Sexual Harassment
Many victims of sexual harassment do not even realize the paramount of importance they have in taking it upon themselves to stop these actions towards themselves and other potential future victims like themselves. In fact, many do not report these actions out of fear of losing their job or suffering employment hardship, which in itself is a form of sexual harassment. An employment attorney can confidentially assist victims in assessing their sexual harassment case, and in turn, work with victims to have their rights in the workplace restored and compensation awarded. For an individual to file civil litigation against a company or employer under the guise of violating federal ant-sexual harassment laws and Title VII of the Civil Rights Act of 1964, a complaint must be filed with the Equal Employment Opportunity Commission, and an employment lawyer will help victims document all necessary items in the case to prove the veracity of their complaints as well as ensure any and all ensuing retaliatory action by companies for filing the complaint is punished exponentially in the court of law. Action must be taken swiftly, however, as time frames are imposed by the government that will potentially prevent victims from filing private litigation against employers if victims hesitate to voice violations of their rights too long. Violations of the Civil Rights Act of 1964 are an egregious issue that no jury or judge takes lightly, and damages awarded in these cases often compensate victims, put punitive damages on companies, and set an example to other companies that may choose to engage or encourage this illegal behavior in the future.
Many victims of sexual harassment do not even realize the paramount of importance they have in taking it upon themselves to stop these actions towards themselves and other potential future victims like themselves. In fact, many do not report these actions out of fear of losing their job or suffering employment hardship, which in itself is a form of sexual harassment. An employment attorney can confidentially assist victims in assessing their sexual harassment case, and in turn, work with victims to have their rights in the workplace restored and compensation awarded. For an individual to file civil litigation against a company or employer under the guise of violating federal ant-sexual harassment laws and Title VII of the Civil Rights Act of 1964, a complaint must be filed with the Equal Employment Opportunity Commission, and an employment lawyer will help victims document all necessary items in the case to prove the veracity of their complaints as well as ensure any and all ensuing retaliatory action by companies for filing the complaint is punished exponentially in the court of law. Action must be taken swiftly, however, as time frames are imposed by the government that will potentially prevent victims from filing private litigation against employers if victims hesitate to voice violations of their rights too long. Violations of the Civil Rights Act of 1964 are an egregious issue that no jury or judge takes lightly, and damages awarded in these cases often compensate victims, put punitive damages on companies, and set an example to other companies that may choose to engage or encourage this illegal behavior in the future.
Sexual Harassment Precedents
Employment sexual harassment cases have several notable precedents in the legal system to follow in regards to explicitly defining victims rights during any and all sexual harassment cases. For example in regards to actions taken by employers in response to an employee filing a sexual harassment complaints against a company, the 2006 of Burlington Northern & Santa Fe Railway Co. v. White case made it illegal for employers to promote an environment that would dissuade any employee from filing a sexual harassment complaint. Additionally, the Burlington v. Ellerth case and the Faragher v. City of Boca Raton, Florida case both set the precedent that states companies are liable for actions of other employees that are proven to be employment sexual harassment.
Employment sexual harassment cases have several notable precedents in the legal system to follow in regards to explicitly defining victims rights during any and all sexual harassment cases. For example in regards to actions taken by employers in response to an employee filing a sexual harassment complaints against a company, the 2006 of Burlington Northern & Santa Fe Railway Co. v. White case made it illegal for employers to promote an environment that would dissuade any employee from filing a sexual harassment complaint. Additionally, the Burlington v. Ellerth case and the Faragher v. City of Boca Raton, Florida case both set the precedent that states companies are liable for actions of other employees that are proven to be employment sexual harassment.
Aside from the stereotypical case of male supervisors harassing a young female employee, the modern workforce consists of a wide variety of sexual orientations and even gender ambiguities as well. The Oncale v. Sundowner Offshore Services case set the legal precedent equal rights for victims of same-sex harassment instances. Additionally, this case went to further expand the definition of sexual harassment to include actions not intended with sexual desire. Actions such as these include promoting a workplace environment disregarding sexual harassment laws including jokes, pranks, or other forms of harassment that are even in slightest manner sexual at all.
Overview
If an individual feels at all as though he or she has been a victim of sexual harassment in the work place, it should be reported immediately to a supervisor. Any proof which may help prove the claim should be copied and given to the supervisor as well; the victim should keep the original at all times if possible. If it is supervisor discrimination in the workplace then contact the report the sexual harassment supervisor to his boss or human resources. If you’re not sure whether you’ve been the victim of sexual harassment or not, this FAQ is where to find information on sexual harassment.
If an individual feels at all as though he or she has been a victim of sexual harassment in the work place, it should be reported immediately to a supervisor. Any proof which may help prove the claim should be copied and given to the supervisor as well; the victim should keep the original at all times if possible. If it is supervisor discrimination in the workplace then contact the report the sexual harassment supervisor to his boss or human resources. If you’re not sure whether you’ve been the victim of sexual harassment or not, this FAQ is where to find information on sexual harassment.
1. What Is Sexual Harassment, Exactly?
So what constitutes sexual harassment? Sexual harassment is any type of sexually suggestive or sexually oriented behavior made by an individual which causes pain, fear or other negative feelings and emotions. There are several types of sexual harassment and many behaviors can fall under the category of sexual harassment. Whether these behaviors are directed at you personally or you are a victim of them indirectly, you could have a legitimate case to file sexual harassment complaints. Some of these behaviors include but are not limited to:
• Sexual threats, coercions or pressure.
• Insinuating that sexual favors must be granted in order for you to keep your job, receive a positive performance review, receive higher pay, etc.
• Giving or calling someone sexually-demeaning, sexually-oriented or suggestive nicknames.
• Touching of any kind which makes you feel uncomfortable, including: brushing, patting, squeezing, tickling, etc.
• Showing pornographic or sexually suggestive pictures, cartoons, drawings or other representations.
• Aggressive sexual advances, threats, insults or other behavior.
If you have been on the receiving end of any of these behaviors or similar behaviors that have made you feel uncomfortable, afraid or upset – you may have a legitimate sexual harassment complaint.
2. What Should an Employee Do If He or She Feels they are a Victim of Sexual Harassment?
If you feel at any way sexually harassed, you should judge the situation. Does the harasser purposefully and knowledgeably harass you? If you don’t think it is intentional, you can gauge whether or not to approach the harasser and ask him or her to stop. If the behavior continues, your next action should be to report sexual harassment to your immediate supervisor.
So what constitutes sexual harassment? Sexual harassment is any type of sexually suggestive or sexually oriented behavior made by an individual which causes pain, fear or other negative feelings and emotions. There are several types of sexual harassment and many behaviors can fall under the category of sexual harassment. Whether these behaviors are directed at you personally or you are a victim of them indirectly, you could have a legitimate case to file sexual harassment complaints. Some of these behaviors include but are not limited to:
• Sexual threats, coercions or pressure.
• Insinuating that sexual favors must be granted in order for you to keep your job, receive a positive performance review, receive higher pay, etc.
• Giving or calling someone sexually-demeaning, sexually-oriented or suggestive nicknames.
• Touching of any kind which makes you feel uncomfortable, including: brushing, patting, squeezing, tickling, etc.
• Showing pornographic or sexually suggestive pictures, cartoons, drawings or other representations.
• Aggressive sexual advances, threats, insults or other behavior.
If you have been on the receiving end of any of these behaviors or similar behaviors that have made you feel uncomfortable, afraid or upset – you may have a legitimate sexual harassment complaint.
2. What Should an Employee Do If He or She Feels they are a Victim of Sexual Harassment?
If you feel at any way sexually harassed, you should judge the situation. Does the harasser purposefully and knowledgeably harass you? If you don’t think it is intentional, you can gauge whether or not to approach the harasser and ask him or her to stop. If the behavior continues, your next action should be to report sexual harassment to your immediate supervisor.
This supervisor should act swiftly to investigate the claim and stop the behavior from happening. If the harassment does not stop, or is coming from your immediate supervisor, you should speak with an authority that is over him or her. If the behavior continues, you may want to seek legal assistance for sexual harassment help to stop the behavior and be compensated for your pain and suffering.
3. What is NOT Considered Illegal or Sexual Harassment?
Although there are a number of things which might make employees feel uncomfortable in their work environment – the edges are fairly well defined as to what is considered sexual harassment and illegal. Some things which may be annoying but do not make up the basis for a sexual harassment suit include but are not limited to:
• Swearing or crude language that is NOT directed at individuals. For instance, if the person is swearing to himself or herself after making a mistake.
• Having certain items present in the workplace which may contain mildly-sexual material or even obviously sexual material – as long as they are NOT directed at a particular individual.
For instance, in one case, a man took his company to court for telling him that he could not bring a Playboy book to work. Because Playboy contained articles about news, sports, current events and more – to ban the book would have been unconstitutional. Because he didn’t show the pictures in a sexual or harassing way, he won that case.
• Asking someone out on a date. If the recipient of the invitation is only asked once and then left alone upon refusal – it is not considered harassment.
• Asking someone out on a date. If the recipient of the invitation is only asked once and then left alone upon refusal – it is not considered harassment.
[Source: LawFirms.com]
No hay comentarios:
Publicar un comentario