SEXUAL HARASSMENT AT WORKPLACE
This article will outline the two kinds of workplace sexual harassment and employer accountability for providing safe and respectful workplace.
The U.S. Equal Opportunity Employment Commission defines workplace sexual harassment as unwanted sexual advances or behavior of a sexual nature which interferes with the operation of an individual’s job or creates a frightening, hostile, or offensive work environment.
Sexual harassment may vary from persistent offensive sexual jokes, to improper touching, to posting offensive material on a bulletin board. Sexual harassment in the workplace is a significant problem for both women and men. Both state and federal laws protect workers from sexual harassment on the job. Sexual harassment is considered one form of gender discrimination under Title VII of the Civil Rights Act of 1964.
There are two known types of sexual harassment: quid pro quo, and hostile work environment.
Under the quid pro quo type of harassment, an individual in authority, usually a supervisor, expects that individuals tolerate sexual harassment as a condition of obtaining or keeping a job or job benefit, such as raises and promotions. A single case of harassment is enough to sustain a quid pro quo claim, while a pattern of harassment is typically necessary to qualify as a hostile work environment.
Hostile work environment harassment is grounds for legal actions when the behavior is unwelcome and severe or pervasive enough to make an offensive working environment. Elements and factors that courts analyze in determining whether a hostile environment harassment claim is valid include:
• If the conduct is verbal, physical, or both,
• The frequency of the behavior,
• Whether the conduct was hostile or blatantly offensive,
• Whether the alleged molester was a co-worker or supervisor,
• Whether others joined in perpetrating the harassment, and
• If the harassment was directed at one or more persons or singled out the victim.
While Title VII is the foundation used to examine sexual harassment claims in US, certain countries have sexual harassment laws that could be even stricter. Check the laws of your nation for more information. Also, employers with fewer than 15 workers are governed by their state law. In almost any sexual harassment case, the alleged victim may have to fulfill a subjective and objective benchmark.