Sexual Harassment

Sexual Harassment

Amy Null

SOC402: Contemporary Social Problems & the Workplace

Gina Rollings

February 15, 2015

Sexual harassment in the workplace is inappropriate and unacceptable. Forwarding innuendo-laden jokes or emails, flirting, inappropriate touching and promises of reward for sexual acts are all examples of sexual harassment. Victims of workplace sexual harassment are often hesitant to take action for fear of reprisal. To prevent its occurrence, know what constitutes sexual harassment and understand that you have the right to protect yourself.

        Equal Rights Advocates defines sexual harassment as "unwelcome verbal, visual, or physical conduct of a sexual nature that is severe or pervasive and affects working conditions or creates a hostile work environment." Sexual harassment is often thought of as a man harassing a woman, but the reverse can also be true. Any unwelcome behavior on the basis of gender can be construed as sexual harassment.

        Verbal sexual harassment can include dirty jokes, innuendo, lewd comments and persistent requests for dates or sexual favors. Visual sexual harassment entails viewable depictions of a sexual nature (e.g., a screen saver of a model with flimsy swimsuit). Physical conduct is sexual harassment when it involves touching, kissing, hugging, caressing, blocking movement or even sexual assault.

        Advances of this type must be unwelcome to be considered sexual harassment. Sexual attraction is a natural part of human biology and instincts often drive individuals to act on them. Draw the line in the sand and make it clear to the offending party that his advances and/or innuendo are not welcome. If his behavior persists despite the admonishment, especially to the point where it impedes your job functions, it is time to take action.

        If sexual harassment persists, elevate the matter to your immediate supervisor. If your supervisor is the one harassing you, go to the next level above him. If there is no higher-level supervisor, you can consider legal action. If you explore this option, be prepared and have evidence on hand. Printed emails, eyewitness testimony and formal written complaints are all important documents to have on hand. A sexual harassment suit can become a case of "he said, she said." The more evidence you have on hand, the better case you can present.

Types of sexual harassment

        For many people, just getting out of bed knowing they must go to the office is a difficult task. It may not be because they hate their job or career, but because they dread the abuse they face while at the workplace. There are laws in place to protect employees from certain types of workplace abuse. Knowing what to watch for could help you protect yourself and others from abuse in the workplace.

        Sexual harassment is a serious offense that can get offenders into trouble. Employers can be held liable for damages in cases where an employee sues because of sexual harassment from a supervisor or another employee. This is why so many companies now mandate a sexual harassment prevention program for their new hires.

From a legal perspective, sexual harassment comes in two forms. Quid pro quo harassment is when one person offers something in exchange for something else. This may be an instance in which a supervisor promises a raise or promotion in exchange for sexual favors. This type of harassment is illegal even if the victim agrees to the exchange. The law is written this way to protect those who fear for their safety or employment if they do not go along.

The other type is called hostile environment sexual harassment. This type of harassment occurs when an employee is the recipient of unwanted sexual advances, sexually charged language, offensive sexual materials or physical contact. Often an isolated incident will not be considered a hostile environment. The court must determine that the harassment is both serious and frequent.

Verbal Harassment

Verbal harassment in the workplace, like sexual harassment, is a violation of the Civil Rights Act of 1964. This type of abuse in the workplace happens when one person is guilty of unwelcome verbal conduct that is discriminatory.

Any verbal harassment related to race, color, religion, sex, gender identity, age, disability, sexual orientation or for purposes of retaliation can be a violation of he law in some circumstances. If the conduct creates a hostile work environment or a supervisor's harassment ends in the demotion, termination or reduction in benefits for an employee, then it is considered a violation.

Workplace Bullying

        Workplace bullying is a term that refers to repeated and unreasonable abuses of power by individuals or groups against an employee or group of employees. This type of abuse is meant to intimidate the victim and often involves insults, degrading practical jokes, intentional humiliation in front of others or otherwise undermining the employee's ability to retain dignity on the job.

Other examples of workplace bullying are invalid criticism, false blame, being treated differently from others, being the target of foul language, being left out of communication intentionally or constant needless monitoring in order to keep a person on edge.

This type of abuse in an isolated incident is merely aggressive behavior and may not be considered bullying. When a pattern of this abuse develops, it can be stressful and potentially ruin a career. This behavior is not illegal in the United States, however, so employees must find ways of dealing with the problem or else leave the job.

Keeping a detailed log of the bullying activity to present to a superior of the perpetrator may be the best tactic.

Hostile Workplace

A hostile workplace (often referred to as a "hostile work environment") is a form of harassment that occurs when discriminatory, unwelcome conduct in the workplace is severe and pervasive enough that it hurts an employee's ability to perform his job.

        No federal law specifically defines a hostile workplace, but several anti-discrimination laws define and prohibit hostile workplaces formed on the basis of sex, age, race, disability, national origin, religion or genetics. For conduct to constitute a hostile workplace, it must be discriminatory. Rude or vulgar behavior that isn't directed toward a protected class of people does not make for a hostile workplace.

        The workplace conduct must be unwelcome by the employee who alleges a hostile workplace. For instance, sexual advances by a co-worker could be considered welcome or unwelcome by an employee. An employee who carries on a long-term sexual relationship with a co-worker after a sexual advance might have difficulty showing that the sexual advance was unwelcome.