Sexual Harassment Definition
Sexual harassment is a form of discrimination that violates Title VII of the Civil Rights Act of 1964. It occurs when someone engages in unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when:
(1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment,
(2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or
(3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.
Examples of Sexual Harassment Conduct at Work:
– sexual advances or propositioning (unwanted sexual advances);
– unwelcome touching, hugging, kissing, fondling, or stroking;
– sexual jokes, demeaning comments about a person’s body or sexual activity;
– display of sexually suggestive objects or pictures;
– leering (looking at a person in a sexual way);
– sexual gestures;
– repeatedly asking for a date after being told no; and
– sending sexually explicit emails or text messages.
This is just a basic description of what constitutes sexual harassment, but it’s important to understand what sexual harassment is and what it isn’t. Sexual harassment can occur between people of the same or opposite sex, and it doesn’t necessarily have to be sexual in nature. The key is that the conduct is unwelcome and creates a hostile or offensive work environment. If you’ve been subjected to sexual harassment at work, it’s important to know that you have rights and there are steps you can take to protect yourself.
There are two types of sexual harassment: quid pro quo and hostile work environment. Quid pro quo sexual harassment occurs when an employee’s submission to or rejection of sexual harassment is used as a basis for employment decisions affecting that employee. A hostile work environment exists when sexual harassment is so severe or pervasive that it affects an employee’s ability to do his or her job.
For behavior or actions to be considered sexual harassment,, what matters is the perception of the person who’s being harassed, not really the harasser’s intent; it must be unwelcome. This means that if you’ve invited or welcome the conduct, it’s not sexual harassment. For example, if you flirt with a coworker and they flirt back, this would generally not be considered sexual harassment (unless it’s done in a way that makes you feel uncomfortable). However, if you tell your coworker to stop and they don’t, this could be sexual harassment.
The same is true if you’ve previously welcomed the conduct but have since changed your mind – if you tell the person to stop and they don’t, it may be sexual harassment. Additionally, even if the conduct isn’t sexual in nature, it can still be considered sexual harassment if it’s unwelcome and creates a hostile work environment. For example, making demeaning comments about someone’s appearance or sexual activity would generally be considered sexual harassment.
If you’ve been subjected to work sexual harassment, there are a few things you can do. First, if the conduct is happening right now and you feel comfortable doing so, tell the person to stop. This can be difficult, but it’s important to make it clear that their conduct is unwelcome and you want it to stop. If you don’t feel comfortable confronting the person, or if the harassment doesn’t stop after you’ve asked them to, there are other options. You can report the conduct to your employer – most employers have a sexual harassment policy that outlines the steps you need to take.
There are clear sexual harassment laws, you can also file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC is the federal agency responsible for enforcing laws against workplace discrimination, including sexual harassment.
Keep in mind that there are time limits for taking action – if you wait too long, you may not be able to do anything about the sexual harassment. For example, if you want to file a sexual harassment complaint with the EEOC, you generally need to do so within 180 days of the last incident of harassment. This time limit may be extended in some cases, but it’s always best to take action as soon as possible.
You should tell your employer about the sexual harassment. By law, employers are required to take steps to prevent and stop sexual harassment from happening in the workplace. If your employer doesn’t do anything to address the sexual harassment, you may have a legal claim against them.
What is the Difference Between Sexual Harassment and Sex Discrimination ?
Sexual harassment is a type of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Sex discrimination involves treating someone (an applicant or employee) unfavorably because of that person’s sex. Sexual harassment can occur in a variety of circumstances, including but not limited to the following:
– The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.
– The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.
– The victim does not have to be the person harassed but could be someone who witnesses the sexual harassment.
– The conduct does not have to be sexual in nature, but can be offensive comments or conduct that is sexual in nature.
– The conduct can occur in the workplace, at work-related events or activities, or between people who work together outside of work.
Sex discrimination is treating someone (an applicant or employee) unfavorably because of that person’s sex. Discrimination against an individual because of gender identity, sexual orientation, and pregnancy is also prohibited. The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.
If You’ve Been Sexually Harassed, You have Legal Rights
If you have experienced unlawful sexual harassment at work, the first step is to reach out to an experienced employment law attorney who can help you understand your rights and options. Our team of sexual harassment lawyers can also help you file a sexual harassment complaint with the Equal Employment Opportunity Commission (EEOC) or your state’s fair employment practices agency. These agencies are responsible for investigating sexual harassment claims and can take action against employers who allow sexual harassment to occur. An attorney can also help you file a private lawsuit against your employer if necessary.
No one should have to endure sexual harassment at work, but unfortunately, it’s all too common. If you think you may be a victim of sexual harassment, reach out to an experienced employment law attorney today. With the right help, you can put an end to the harassment and hold your employer accountable for their actions.