3 Forms of Sexual Harassment You Need to Know
Many
questions arise when an employee has issues at work that may be
harassment related. Can I sue my boss for being mean? Is it legal for a
manager to be a bully? How do I know if I am being harassed at work
and what rights do I have? Do I have a sexual harassment
claim? Is name calling considered harassment? What if I am afraid to
make a complaint against my boss? Should I make a verbal or written
complaint about the harassment? Is gossip considered harassment? What
kind of lawyer handles harassment in the workplace? What if I feel
unsafe at work? When these questions are raised by a frustrated
employee seeking answers, an Employment Attorney is a type of lawyer that handles cases where employees need representation in claims against their employer.
- Gossip can be a form of sexual harassment
Unwanted touching and cat-calling are not the only ways sexual harassment can be exercised. Spreading rumors is a form of sexual harassment.
The spreading of rumors can be by the harasser himself or herself or
the rumors can be about the employee and the harasser but spread by
other employees. The main issue is that an employee has the right to
work in an environment that is free from harassment. If gossip is going
around the workplace about the employee that is of a sexual nature,
this may be considered as a form of sexual harassment. For example,
Clark was a barista at a coffee house. Upon Clark's first day of work,
he began enduring sexual advances made towards him by his shift manager
Tina. Often Tina would express her feelings for Clark through her body
language by making suggestive movements with her hands and mouth. On
other occasions, Tina would humiliate Clark in front of his coworkers by
making comments such as "see you at home honey" and "I want to have
your babies". After witnessing this behavior from Tina, Clark's
coworkers began teasing him about his "love Goddess Tina" and would
frequently hoot and holler at the two of them when they had shifts
together. The gossip in addition to the harassment he was experiencing
from Tina interfered with Clark's work and caused him major anxiety. He
called the Human Resources Department at the coffee house headquarters
and made a formal complaint about his uncomfortable predicament at work.
In this scenario, Clark's employer would need to correct the issue by
conducting an investigation and take reasonable steps to discontinue the
sexual harassment
caused by Tina as well as the rumors and teasing caused by his
coworkers. If the harassment continued and nothing was done to stop the
harassment from continuing, Clark may have a claim against his employer.
- Certain types of favors can be considered a form of sexual harassment
"I'll
scratch your back if you scratch mine" is a common saying that just
means an exchange of favors, but sometimes certain favors offered in the
workplace are considered unlawful.
A sexual quid pro quo offer is a type of harassment. A sexual quid pro quo offer
is identified through an offer made by an employer to an employee which
entails sexual favors in exchange for employee benefits. For example,
an employer may offer an employee better hours if the employee agrees to
go on a date with the employer. Here, although this may seem rather
tame, this type of behavior is not to be taken lightly because it is a
form of sexual harassment especially when it is unwelcome, This form of
sexual harassment is not only demonstrated through an offer of
employment benefits, it can also be an offer for a sexual favors in
exchange for job security. This type of "exchange" may come off as a
threat. For example, an employer may tell an employee that they will
"let them" keep their job if the employee agrees to have an intimate
relationship with the employer. In that scenario, this kind of "offer"
may also be considered a form of sexual quid pro quo and therefore may be sexual harassment.
In
taking into account all of the facts, an Employment Attorney would most
likely be able to identify whether or not an employee was a victim of
sexual harassment by means of sexual quid pro quo.
- Touching, leering and body language may be a form of sexual harassment
Identifying
sexual harassment can be a grey area because it can be somewhat
subjective. Feeling uncomfortable can be used as a guide in the first
few steps in identifying sexual harassment. Touching, leering, and
certain body language in certain situations can be considered as a form
of sexual harassment when it is unwelcome. For example, an employee may
experience certain unwanted behavior towards them by another coworker
such as back massages, hugging, or grabbing. Also, the employee may be
subjected to the coworker making inappropriate gestures such as blowing
kiss or winking. Even leering may be considered a form of sexual
harassment in certain contexts. Acting out certain sexual acts in the
presence of an employee may also be considered a form of sexual
harassment. Again, the behavior and the context of the behavior are
essential in deciding whether to file a claim against an employer.
In
conclusion, note that there are different laws of State law and Federal
law that regulate harassment. Keeping this in mind, sifting through
what laws pertain to your claim is a job best suited for an Employment
Attorney who handles harassment cases. Employees have the right to work
in an environment where they feel safe and should not have to worry
about feeling like they are being violated via forms of sexual
harassment. An Employment Attorney may be able to shed light on a
situation that may seem complicated and overwhelming. Call an
Employment Attorney that offers free consultations like Stevens &
McMillan. Every case has unique facts which is why an Employment
Attorney endeavors to specialize in sexual harassment cases. An employee
who feels uncomfortable in their workplace should provide the
Employment Attorney with as much information as they can in order to
obtain quality legal advice.
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