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Sexual-Harassment

You Don't Have to Put up with Sexual Harassment

Sexual harassment happens. From executive positions to blue collar jobs, from colleges to grade schools, sexual harassment can happen anywhere. While the majority of sexual harassment complaints are made by women, men have been victims of sexual harassment as well. In addition, the definition of sexual harassment has been expanded to include same-sex sexual harassment. While there is no indication that sexual harassment will stop, the good news is that you don't have to put up with it.

What Constitutes Sexual Harassment

Sexual harassment comes in many forms. Sexual harassment can be anything from repeated offensive language to unwelcome sexual advances to forced physical contact. The law classifies sexual harassment in two different ways, quid pro quo and hostile environment. Quid pro quo sexual harassment occurs when sexual favors are requested in exchange for beneficial treatment (which can range from receiving a promotion to not getting fired). Hostile environment sexual harassment occurs when the workplace becomes so intimidating to an employee that it changes the work environment. Usually there needs to be a pattern of behavior to constitute hostile environment sexual harassment, but a single action may qualify.

Who's Involved in a Sexual Harassment Claim?

While it's easy to know who the victim of sexual harassment is, it isn't always easy to determine who is liable for sexual harassment. An employer will be liable for sexual harassment if a supervisor (or anyone with authority) is the cause. An employer will also be liable for the behavior of one's co-workers, so long as the employer had actual or constructive notice. An employer may also be liable for a customer's behavior if there is notice. In these latter two instances, the informed employer has a duty to correct the inappropriate behavior.

Sexual Harassment is Illegal

Sexual harassment is illegal under Title VII of the Civil Rights Act of 1964. The act prohibits against discrimination by race, national origin, religion and sex. This includes sexual harassment, because sexual harassment is considered a form of discrimination. There are also state laws that prohibit sexual harassment. These laws tend to apply to situations that may not be covered under the Civil Rights Act. These laws vary from state to state. Most laws require sexual harassment claims to be filed with a government agency (such as the Equal Employment Opportunity Commission), but it may also be possible to file a private civil lawsuit.

Sexual harassment won't go away, but that doesn't mean it has to affect the way you work or the way you live. Though it may be easy to determine when you've been subjected to sexual harassment, there are other times when it is hard to tell when the line has been crossed. An attorney can help you decide whether you can pursue action.