Sexual Harassment On The Job

Sexual harassment is a form of sex discrimination, but U.S. Equal Employment Opportunity Commission laws do not cover organizations with fewer than 15 employees.  State laws may vary.

Sexual harassment may be requests for sexual favors, unwelcome sexual advances, and other verbal or physical conduct of a sexual nature. Sexual harassment occurs when this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment.

Sexual harassment laws apply to employers, employment agencies and labor organizations, as well as to the federal government.

It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on sex or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation.

There are two types of sexual harassment:

Quid Pro Quo

The term 'quid pro quo' in Latin means "this for that".  In other words, you scratch my back and I'll scratch yours.  In the workplace, it's when a supervisor offers to trade you favorable job assignments, performance reviews, better hours or pay, or some other type of favoritism in the workplace in exchange for sexual favors.  As an example, it could include actually having sex, promising to go out on a date, or being asked to dress in a provocative manner at the office. 

You can actually have a sexual harassment claim even if you are not in the relationship.  You could be a co-worker who is not receiving the perks and promotions that the employee in the relationship is getting.  Work Laws Exposed can explain that further.

Sexually Hostile Work Environment

This is offensive behavior that makes you feel uncomfortable in your employment surroundings like the display of pornographic material in the workplace, off-color jokes, or physical conduct that it interferes with your job performance.

The law focuses on how the harasser's actions and words are perceived by others, that is, you.  Example:  Some of your co-workers may laugh off the dirty jokes, wolf-whistles, and explicit photos and not be offended.  In that case, there is no sexual harassment towards them.  However, if you are offended by it, then the law would consider it sexual harassment.

What You Can Do

Create a file folder at home and document, document, document.  You want it off your employer's work premises in the event it gets lost or stolen. 

Keep any offensive emails, notes, pictures and put them in your folder.

In your log, track date and time, the aggressor's name, note any witnesses and their names, the room or area where the offense took place, describe the actual offensive comment or action and the context in which it occurred. 

Inform the harasser that you want it to stop.  Do it in writing!  Keep copies.  If you do it in an email, cc your personal email address, your harasser's supervisor, and the EEOC.  Let everyone know you mean business. 

File a complaint with an employer complaint or grievance system, if available.  Again, get hard copies.  FYI:  Under California law, while the employer is strictly liable for the harassment by a victim's supervisor, the employer is liable for harassment by a co-worker only if the employer knew or had a reason to know of the harassment. Thus, by not complaining about harassment, the victim virtually forecloses the future opportunity to seek legal redress for hostile work environment and harassment.

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