Workplace Sexual Harassment

Quid pro quo (this for that) harassment, or hostile work environment bullying, are two forms of unlawful workplace abuse. When unwelcome conduct results in an employee’s employment status or benefits changing in an intangible way, it is referred to as quid pro quo harassment (becomes a condition of continued employment or leads to demotion, termination, or lack of promotion chances). Harassment in a hostile work environment is conduct that is severe or widespread enough to create an intimidating, hostile, or abusive work environment.

Harassment is a broad term that can apply to many different activities in the workplace. In general, conduct that consists of offhand remarks, irritations, jokes, or minor slights not intended to severely harm a person is not considered unlawful unless they interfere with a reasonable person’s job performance. Slurs, assaults, threats, ridicule, and other forms of prejudice may be viewed as harassment if they disrupt the work performance of a normal person. Harassment is often characterized by a series of repeated actions, but isolated instances may also qualify if the conduct is extremely damaging or abusive.

In addition, a number of instances of bullying or harassment violate state and federal anti-discrimination legislation. These are examples of sex, race, national origin, religion, sexual preference, age, disability, transgender identity, or marital status discrimination.

What Is Considered Sexual Harassment?

When undesired sexual advances, demands for sexual favors, and other oral or physical conduct with sexual overtones are perceived as such, they are defined as sexual harassment:

• Someone’s employment is obviously affected.
• An employee’s workflow is disrupted without cause.
• The atmosphere of a taunting, hostile, and offensive workplace is produced.

Hostile Work Environment

A hostile work environment is one type of workplace discrimination, in which conduct is severe or persistent enough to create a working environment that would cause a reasonable person to feel uncomfortable. A hostile work environment is another name for an intimidating job, hostile workplace, abusive workplace, or hateful workplace. An employee (such as a boss or coworker) or even a non-employee (such as a client or contractor) may be responsible for establishing such an intimidating climate. A harassment lawsuit against the employer or another employee may be warranted in response to offensive conduct.

Sexual Harassment That Creates A Hostile Work Environment

The following are examples of sexual harassment that might contribute to a hostile work environment:

• Staring at a person in an offensively suggestive manner.
• Making insulting remarks about one’s appearance (i.e., clothing, body parts).
• Patting, pinching, or rubbing up against someone in a way that makes an employee uncomfortable (i.e., pats, pinches, and rubs).
• Telling sexual or vulgar jokes, hanging lewd pictures, and making sexual gestures.
• Letters, notes, emails, or pictures with sexual overtones that are being sent, forwarded, or requested.

Non-Sexual Harassment That Results In A Hostile Work Environment

Following are some additional examples of non-sexual harassment that might result in a hostile work environment:

• Using racial insults and phrases.
• Demonstrations intended to make fun of a certain race or ethnicity (gesture, image, drawing).
• Discussing someone’s race or other inherent characteristics.
• Making insulting remarks about someone’s gender that aren’t sexual.
• Taunting an employee about their religious convictions or non-existence.
• Making prejudiced remarks about an employee’s birthplace or family background.
• Criticizing the age of a person.
• Ridiculing allusions to an employee’s mental or physical handicap.

Other Types Of Harassment

Verbal, nonverbal, and physical harassment are the three other most common types of harassment.

Verbal Harassment

• Sexual or suggestive comments
• Poking fun at someone Imitating the way someone speaks
• Sexual propositions
• Obscene telephone calls or broadcasts over the two-way radio
• Offensive jokes Repeatedly prodding about someone’s personal life
• Threats or insults
• Inappropriate language in the workplace

Nonverbal Harassment

• Hanging material on the wall that is offensive or contains sexual innuendos
• Suggestive gazes or sneers
• Practical jokes Impersonating someone with a disability
• Following someone
• Sabotaging someone’s work by denying them access to information
• Offensive bodily gestures
• Encouraging a coworker to speak crassly about or harass someone in the office
• Mandating that women perform domestic tasks around the office (i.e. cleaning up after meetings)

Physical Harassment

• Gratuitous physical contact against someone’s will (i.e. pinching, brushing up against, hugging)
• Sexual assault (i.e. attempting to touch someone’s breasts or genitals)
• Pushing, shoving, or jostling. Placing your hand or object into someone’s pocket

It might be tough to determine whether a certain behavior is acceptable or unlawful harassment. It is appropriate when there is an agreement between two adults, and the conduct does not offend any of their coworkers. When a supervisor delivers feedback to a subordinate, it is not considered to be bullying unless the comments are untruthful or inappropriate conduct takes place during the evaluation.

Examples Of Sexual Harassment

There are numerous circumstances in which sexual harassment occurs, some of which may go unnoticed:

• It can be a woman or a man who is the victim and aggressor. They may also be of the same gender.
• The aggressor could be the victim’s boss, an employer’s agent, a department manager, a coworker, or someone who is not even affiliated with the company. Clients and customers can also be sued for sexual harassment.
• Whether or not the target of the abuse is in direct contact with the harasser, it does not matter. The victim can be anybody who is distressed by the behavior.
• Harassment can occur without causing financial harm or losing one’s job; it may also result in an unenjoyable working environment.
• Offensive statements, which do not have to be sexual in nature, can be made about a person’s gender.
• The harasser’s conduct must be inexcusable. There is no victim if the individual in question enables the aggressor’s actions.

Employer Liability For Harassment

An employer may be held responsible for sexual harassment by a supervisor that causes a job loss, such as termination, failure to hire or promote, and loss of compensation. Only if the employer can show that the supervisor’s behavior created a hostile work environment can it avoid liability if the employee’s complaint resulted in a lawsuit.

• It attempted to prevent and swiftly correct the abusive behavior;
• The employee failed to take advantage of any preventive or corrective possibilities offered by the employer.

An employer may also be held responsible for harassment by its regular and non-employee workers, as long as it was aware, or should have been aware, of the misconduct and failed to take appropriate action.