Types of Sexual Harassment
Majority of employees and employers view sexual harassment from the perspective that it only entails a worker asking for sex from another worker. This is not the case. Sexual harassment in the workplace is a form of sexual discrimination based on both verbal and non-verbal behavior such as uncalled for sexual gestures and indecent sexual comments. This leads to extreme obstruction of an employee’s productivity and breeds an uncomfortable workplace setting. It is a violation of the Title VII Civil Rights Act of 1964 that seeks to curb sexual harassment. This article focuses on types of sexual harassment in the workplace. There are two categories of sexual harassment that are acknowledged by the law. Quid pro quo In this case, recruitment, promotion and remuneration of employees is solely based on their willingness to offer sexual favors to the persons mandated to perform these processes. For instance, a department manager can threaten an employee of denying him/her a promotion unless sexual favors are extended. A male supervisor can also suggest to a female worker to dress in a suggestive manner to get the attention of the boss. All these acts amount to this kind of sexual harassment. Hostile work environment This arises when the work context is dictated by antagonism and coercion as a result of irrational sexual behavior by colleagues, greatly curtailing an employee’s productivity. This is manifested in the form of explicit sexual discussions, uncalled for sexual advances by a colleague, disrespectful sexual remarks and jokes as well as displaying materials that advance immoral sexual behavior. Further, if a colleague makes romantic gestures to a fellow colleague and they are turned and the person persists doing it regardless of knowing the truth, this is tantamount to sexual harassment. The offended employee has the obligation to file a complaint through the help of an employment attorney. There is also a likelihood of another type of sexual harassment arising from quid pro quo sexual harassment as discussed below. Indirect sexual harassment In some situations, a non-partisan in sexual harassment may indirectly bear the consequences of sexual harassment. This results in a case where an employee agrees to a sexual favor requested by a supervisor in order to be hired or get undeserved promotion denying the chance to a person who deserves it through meritocracy. In such a scenario, the plaintiff has the right to file a complaint against the offender. As a final point, it is the mandate of employees to ensure sexual harassment in the workplace is addressed by having relevant and sound polices that ensure the perpetrators face the consequences of their actions. Employees should also report such cases when they happen in order to get justice. Photo Credit: Shutterstock/Ditty_about_summer
Discrimination and Harassment – Are You a Victim?
Recent studies have portrayed that employees working in California are at a great risk of becoming victims of discrimination and harassment. This primarily happens due to the nature of such cases where no compensation is offered to plaintiff for the damages that was incurred by them. Worst situations arise when the victim never raises his/her voice against these cases which somehow leads to many more employment issues at the workplace. Fight Against Discrimination and Know Your Legal Rights The Fair Employment and Housing Act (FEHA) of California states that discrimination which is based on disability, sex, medical condition, HIV or AIDS, medical condition, marital status, race, genetic characteristics, religion and pregnancy is prohibited. Other than that employers must further ensure that they do not discriminate the workers based on weight or height (only when the job does not permit this as a criterion). THE FEHA Act even protects employees from differential treatment until they meet the reasonable standards of a workplace environment. Third Party Harassment and Sexual Favoritism Along with discrimination harassment is strictly prohibited, where the employer has to take all the essential steps to stop harassment and fight against discrimination. Here, employers are liable for a harassing environment and thus any lawsuit formed for such cases, will be filed against the employer. Other than that, employers are also liable when third party members like customers or vendors harass the employees. The liability is only imposed when the employer is unable to prove that he/she is innocent and has nothing to do with the harassing situations. California provides some of the best employee protection, but you must use the rights you have and in a timely manner. Do not wait to see what happens, you could run out of time. CALL UELG TODAY! Photo Credit: Shutterstock/BrAt82