Articles

What Is Sexual Harassment & Its Types?

by Burgis Law Workers Compensation Law Firm
Any form of uninvited sexual behavior that is intimidating, humiliating, or offensive is considered sexual harassment. It is a type of harassment that manifests itself in different ways. Sexual harassment can be verbal, written, or physical. It can also happen in person or online. Sexual harassment in the workplace becomes one of the main reasons behind turnover, absenteeism, and lowers job satisfaction and workplace productivity. There are special laws for protecting people who face sexual harassment. Sexual harassment is also known as gender discrimination.

When sexual harassment occurs in a workplace, it is measured as a form of employment discrimination. Such offensive conduct can take place at a workplace either between two colleagues or between an employee and a supervisor at the office. Hiring a sexual harassment lawyer help to know about how to deal with the harasser, as well as how to document the harassment, and to monitor the activities of the employer for screening against retaliation.

State, federal and local laws protect employees from unwanted sexual demands,  unwelcome sexual advances, propositions, and from working in a work environment that is sexually hostile. Powerful protections are offered to people who are struggling with sexual harassment issues. It is also the responsibility of the employer to protect each employee from sexual harassment by coworkers, supervisors, and even non-employees (such as visitors, clients). As per EEOC (Equal Employment Opportunity Commission), sexual harassment is classified under two categories: "quid pro quo" and "hostile work environment."

Quid Pro Quo Sexual Harassment:-

Quid pro quo sexual harassment is a type of sexual harassment that involves conditioning benefits for employees by a boss or supervisor. This harassment occurs when the harasser is in a position of authority over the plaintiff (person being harassed). This type of sexual harassment results when employees at a company make repeatedly sexual jokes to co-workers. It also involves the display of offensive pictures to them. This type occurs, when the conduct or speech is so severe as well as persistent that it creates a demeaning or intimating work environment. It also occurs when an authority figure or manager says that he/she will not reprimand or fire an employee in exchange for any type of sexual favor.

Quid pro quo sexual harassment also involves hiring or promotional decision on the basis of rejection or acceptance of sexual advances. In it, the plaintiff was harmed with alleged conduct and the conduct was a substantial factor by the alleged harasser in causing harm to the plaintiff. It involves the demand for sexual favors to avoid any workplace punishment or in the exchange for a benefit.  

Hostile Work Environment Sexual Harassment:-

It is a type of sexual harassment that can occur when someone working at the company makes intimidating or threatening comments, that further impacts the ability of the employee to do their job properly. It can also be in the form of repeated sexual advances or jokes.

Hostile work environment sexual harassment is focused more on the offensive and hostile nature of the behavior that affects the work environment. This results due to harassment done by an individual to a colleague or group of colleagues. Such harassment is different from the quid pro quo as it does not necessarily involve a person in an authority position.

Such harassment can result from the actions and words of anyone within the organization. There is no differentiation between these two types of sexual harassment, in the eyes of the law. Both these types of sexual harassment are illegal. Hiring a sexual harassment lawyer helps to handles the case as per the legalities and case requirement and anyone who has been harassed sexually in a workplace can file a lawsuit.


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About Burgis Law Freshman   Workers Compensation Law Firm

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Created on Mar 3rd 2021 01:25. Viewed 421 times.

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