Sexual Harassment

Both state and federal laws protect employees against sexual harassment in the workplace. However, federal laws apply only to employers with fifteen employees or more. Workplaces with fewer than fifteen employees are generally protected under the jurisdiction of the state.

Sexual harassment is not restricted to overt sexual overtures made toward a coworker or employee. It can include derogatory, abusive or offensive remarks made about an individual’s gender or sexual preference.

Quid Pro Quo vs. Hostile Environment

The types of sexual harassment in the workplace can usually be divided into two categories.

Quid Pro Quo – an employee must tolerate or accept sexual harassment to retain or obtain a job, a raise, promotion, or job benefits. This may occur as little as one time.

Hostile Work Environment – an employee is subjected to a pattern or recurring sexual harassment either by one or more supervisors or coworkers.

Same-Sex Harassment

Not all states recognize same-sex sexual harassment in the workplace. In states that it is recognized, it may be handled differently than complaints from heterosexuals. In states where same-sex sexual harassment is not recognized, charges of abuse or harassment may be pursued outside of sexual context.

Process

The process of filing for a sexual harassment case is slightly different than other types of civil litigation, and consists of certain steps which must be followed. Before attempting to take a case to court, a plaintiff should first:

1. Inform the individual or individuals harassing him or her that the harassment is offensive and must stop, either through words or conduct. This insures that the individual knows the actions are unwelcome.

2. The victim should make use of the employer-provided venue to report such actions.

3. If the harassment does not stop in a timely manner, the victim should then contact the Equal Employment Opportunity Commission, or a similar state agency. It is sometimes beneficial for the victim to seek legal counsel before taking this step.

Claimants and Responsibility

The sexual misconduct can consist of actions, or comments, and may be filed by someone other than the person they were directed at. Additionally, an employer can often be held responsible for the misconduct of an employee, particularly if the employer failed to take corrective actions once made aware of the situation. In some states, an employer may be held responsible for the sexually harassing actions of a client, under that same type of circumstances.

Sexual harassment is more than lewd comments made to employees. The ramifications of sexual harassment can be far-reaching and can affect job performance or salary, can cause poor performance or job loss, and can extend to actual sexual abuse. Under no circumstances should you feel you have to put up with sexual harassment to keep your job or receive benefits or promotions you have worked for. In every instance of sexual harassment, if you inform your employer of the situation your employer is required by law to take action to stop the offender. If your employer fails to do so, not only is the company partially responsible for the harassment, but may be required to pay remuneration, particularly if you lost your job due to the harassment.