3 Forms of Sexual Harassment You Need to Know

form of sexual harassment

What is the form of sexual harassment we need to know?

Many questions arise when an employee has issues at work that may be harassment-related.

When these questions are raised by a frustrated employee seeking answers, an  Employment Attorney is a type of lawyer who handles cases where employees need representation in claims against their employer.

Can I sue my boss for being mean?

mean boss

You must prove that your employer harassed you under the hostile work environment theory. This part of the test could be met by being yelled at for hours. However, you must also prove that the harassment was based on a protected characteristic, such as your race or gender. Your legal claim will be denied.

Legally, harassment is considered discrimination. Only if the harassment is based upon one of the protected characteristics under federal or state anti-discrimination law, it is illegal. These characteristics are defined by federal law as race, color, and national origin. They also include gender, religion, age, disability, and genetic information. Additional traits such as gender identity and marital status or sexual orientation are often protected by state law.

Harassment could be committed if your boss targeted Latinos or women only. A boss who shouts at everyone, which you might refer to as “equal opportunity harassment”, isn’t discriminating against any group. It is not illegal to be a jerk. If it’s based on protected traits, inappropriate workplace behavior is not harassment.

Your boss’s conduct may be legal, but that doesn’t necessarily mean it is appropriate. Talking to your HR representative about the conduct of your boss is a good idea. It is a good idea to have your coworkers join you in complaining. Your company might not be aware of how difficult your workplace has become and may have an interest in keeping its employees. The company might be willing to take steps to reduce the situation.

bully

Your boss and coworkers do not have to be kind or fair, However, harassment based on illegal motives or reasons might be considered illegal. It’s not the “what”, it’s the “why” that makes harassment or bullying illegal.

Your employer may not be able to treat you differently based on your gender, age, sex, or religion. Employers may not permit employees to be harassed or bullied by their bosses or coworkers based on this EEO category.

Let’s say, for instance, that there are mostly male employees in the workplace. One female employee claims her manager harasses and abuses her. Is this illegal? It depends.

If the manager treats all male employees in the same manner as the female employees, it is probably legal. This manager is known as an equal-opportunity abuser. This behavior, though it is unacceptable, is not illegal. What is the reason? Because harassment and bullying do not revolve around the female employee’s sexuality. The manager is a complete jerk.

Every day, we are contacted by managers who are rude, obnoxious, harass, berate, and bully employees. This behavior is not enough to make it an actionable hostile work environment case unless it can be proved that the harassment was based on protected EEO categories like sex, race, or other.

How do I know if I am being harassed at work and what rights do I have?

I am being harassed at work

We can see how the federal Equal Employment Opportunity Commission defines harassment to determine if you are being harassed at your job. The EEOC defines harassment as “unwelcome conduct based on race color, religion, sex, pregnancy, national origin, age (40 and older), disability, or genetic information”.

According to the EEOC, harassment is illegal if the victim has to endure the offensive conduct as a condition for continued employment or if the conduct is so severe or persistent that it creates a work environment that a reasonable person would consider hostile, and intimidating, or abusive.

Now we can see how to tell if you are being harassed at your workplace.

Harassment at work can take many forms, but it must be based upon a protected group to be illegal. Harassment that is based on a protected group could include the following:

  • Interference with work performance
  • Threats or physical assault
  • Intimidation
  • Slurs
  • Offensive jokes
  • Name-calling
  • Insults
  • Infringing images or objects
  • There is pressure to have sex or date.
  • Unwanted touching

Is name-calling considered harassment?

name calling

You could be in trouble if you write or say something false that damages a person’s reputation.

In a sexual harassment case, a jury awarded a woman over $13 million in back pay and damages. Although sexual harassment is a well-known form of discrimination in employment, it is not easily defined. It does not include a single instance where someone calls you by name, asks for a date, or gives you a leering glance. You must prove that sexual harassment occurred by proving that you were subject to unwanted conduct that created a hostile environment that was sufficiently severe and persistent to change your employment terms.

The woman presented evidence of persistent name-calling. One man called her “Big Girl”, ridiculing her 6-foot-tall statue. Another made obscenities and dismissed her harassment complaints, saying she was losing it. The harassment went on, even though the law required that they address the discriminatory behavior.

According to the lawsuit, the harasser was fired after six years of harassment.

The jury agreed to award $13 million to the woman, $12.5 million of which was punitive damages.

You don’t have to be a famous person to sue, but you must show that the name-calling caused your reputation to suffer. To avoid having to go to court, remember these wise words from a wise rabbit: “If you can’t speak something nice, don’t say anything!”

What if I am afraid to make a complaint against my boss?

angry boss

Many times, an employer will retaliate against a worker if the worker complains about unsafe or illegal conditions. This is a violation of the law.

There are simple steps an employee can take that if taken correctly, could prevent retaliation, bad feelings, or even legal action. There are many ways to complain at work.

1. Don’t Threaten

Reporting an unsafe condition is a way to help the company get it fixed.  Do not threaten legal action, or launch a series of legal buzzwords about the company.

2. Focus on Illegal Activities

Focus on what you believe is unlawful when notifying your manager about a possible violation.

3.  If possible, follow the procedures outlined in the Employee Handbook

Follow the correct procedure to get your complaint to the right person.  You don’t need an employee handbook. Use your best judgment to get the complaint to the right person.

4.  Write it down, but make sure you check your wording

It is important to not only write a complaint but also to make sure that the person you are complaining about is heard.  Keep your cool and write it down.  Be respectful of the other person’s feelings and don’t be aggressive or threatening in your complaint.

What if I feel unsafe at work?

unsafe at work

Your employer is responsible for your safety at work. This includes taking action to prevent violent, abusive, and threatening behavior from customers, clients, fellow workers, and the general public. And if you are attacked, you can expect support from your employer. If you don’t feel safe at work you should raise this with your safety rep or line manager.

At the same time, you should think carefully about the risks you face at work.

Gossip can be a form of sexual harassment

Gossip

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 an employee who is sexual, this may be considered 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 toward 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 taking 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

Certain types of favors

“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 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 using sexual quid pro quo.

Touching, leering, and body language may be a form of sexual harassment

sexual harassment in workplace

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 of identifying sexual harassment.  Touching, leering, and certain body language in certain situations can be considered 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 kisses 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 laws and Federal laws 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.

What kind of lawyer handles harassment in the workplace?

lawyer

A Sexual Harassment 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 Sexual Harassment Lawyer or Employment Attorney with as much information as they can to obtain quality legal advice.