Sexual Harassment in the Workplace
Sexual harassment in the workplace is when an employee such as a manager or coworker make other coworkers feel uncomfortable with the use of sexually explicit photos, touching or verbally. It can often go unnoticed because many employees feel that there is nothing that they can do to prevent it or they feel that the company will not do anything about it. Sexual harassment can happen to anyone, male or female. There are laws that will protect the victims but in order for the system to work, a claim has to be made. Employers are required to have a sexual harassment policy and it should be handed out to the ...view middle of the document...
Quid pro quo which means this for that. This is when there is a person who has authority such as a supervisor who tells the employee that they have to tolerate sexual harassment as a condition of getting or keeping a job, or to keep benefits and get promotions and raises ("Sexual Harassment at Work - FindLaw," n.d.). An example of this is if a supervisor said that the worker had to give him a kiss every day in order for him or her to keep her job. This type of sexual harassment only has to happen one time in order for the victim to have a sufficient quid pro quo claim ("Sexual Harassment at Work - FindLaw," n.d.).
Hostile work environment is the second form of sexual harassment. In a hostile environment it involves any unwelcome conduct from a supervisor, co-worker customer, vendors or anyone else that a victim interacts with on a day to day basis on the job (Barreiro, n.d.). There are a lot of things that can lead to a hostile work environment. Some of those things are discussing sexual activities, telling racy jokes, necessary touching, commenting on physical attributes and displaying sexually suggestive pictures ("Sexual Harassment Policy," n.d.). In order for a victim to have a sufficient claim there has to typically be a clear pattern established.
Who can be Harassed?
Stereotypically it has been stated that only women can be sexually harassed, but in reality sexually harassment is a gender neutral offense. Men can harass women and women can harass men. Statically it has shown that there are more sexually harassment claims brought by women claiming that they were sexually harassed by men (Barreiro, n.d.).
People of the same sex can also sexually harass each other as long as it is based on sex rather that sexual orientation which is not covered under Title VII of the Civil Rights Act (Barreiro, n.d.). If a woman’s coworker is constantly showing her with sexually explicit photos of men, and this is making her uncomfortable then she might have a claim. However, if a woman’s coworker is teases and demeans her because she is a lesbian, it might not be illegal harassment under federal law as it is currently written (Barreiro, n.d.). This type of behavior is not considered illegal, but it is not appropriate and should not be tolerated by any employer.
Who is Responsible?
The employer is responsible for the conduct of all the employees and to protect them from harassment of all types from all employees and non-employees that they come in contact with on a daily basis. They are responsible if they...