When an employee shows up for work there is an expectation that he or she will be able to work in a safe place where the employee feels comfortable. Unfortunately, however, incidents of sexual harassment in the workplace are real and they happen in big corporations and in small businesses across the country on a daily basis.
Title VII of the 1964 Civil Rights Act protects workers from sexual harassment in addition to barring an employee to be discriminated against on the basis of race, national origin and religion. The federal laws apply across all 50 states, and there are also additional laws at the state and local levels to protect workers.
Sexual harassment includes unwanted sexual advances, requests for sexual favors, jokes made about gender, and any physical or verbal harassment of a sexual nature. Though it is more common to hear about women who experience sexual harassment in the workplace, men also experience sexual harassment as well. Harassment can also take place between members of the same sex.
It is important to note that the Title VII rules only apply to employers with more than 15 employees, and more often than not when there is an issue at these smaller companies the local or state laws cover them.
Sexual harassment is such a broad category that it has been split into two categories: Quid pro quo and hostile work environment.
Quid Pro Quo
The first category of sexual harassment is quid pro quo, which is Latin for “something in exchange for something.” The easiest way to think of quid pro quo harassment is when an employee is offered something, usually by a superior, but that offer is contingent upon the fulfillment of a sexual favor.
There’s a reason that stories about “sleeping with the boss” exist; in many cases, people are offered opportunities for advancement but must perform sexual favors to do so.
Quid pro quo harassment is a major problem because it puts the victim in an incredibly difficult situation. No one should have to feel like the only way to advance in a company is to perform a sexual favor. Declining the offer usually means more harassment and possible retaliation, which causes even more pain and suffering for the victim.
Hostile Work Environment
Every employee deserves to work in a safe and comfortable environment, but sometimes there is another employee - or even a group of employees - who create a hostile work environment. Whether it is making inappropriate comments of a sexual nature to unwanted sexual advances or harassment (physical and verbal), and even off-color jokes at the expense of a particular gender, these are all facets of a hostile work environment.
There is an old saying that you should never discuss religion, politics or sex in the workplace and it is for good reason; more often than not, even the most innocuous remarks could create a hostile work environment.
Imagine if a woman had to walk to her office every morning while the men in the office make lewd remarks about her physical appearance, or if the women in the office go out of their way to place their hands on a male coworker’s backside. These unwanted sexual advances create a place where the victim is not comfortable in the workplace.
Some employees share close personal relationships with their coworkers and have no problem sharing the details of their love lives at work, but when the sultry conversation is overheard by the people in the next cubicle it could make them uncomfortable. That is why those things are best left out of the office entirely.
One of the biggest challenges with jokes of a sexual nature is that while they could be made innocently, there is no way of telling whether they have caused harm to someone. A group of men laughing about how women are bad drivers, for example, does not target a specific person but could be offensive to a woman who overhears it.
Have An Attorney Evaluate Your Case
An employer has a duty to ensure that all employees feel safe in the workplace. It can be incredibly difficult for a victim of sexual harassment to come forward, especially when the offender is someone in a position of power.
The good news is that the Equal Employment Opportunity Commission protects workers from sexual harassment, and that includes protection against retaliation for filing a complaint about the behavior.
If you have gone to your employer and reported sexual harassment but nothing has been done to stop the problem, then you can file a claim with the EEOC or you could also file a private lawsuit against your employer.
After receiving no help from your employer, it is a good idea to speak with an employment attorney who can help you determine the best course of action based on your situation. An employment attorney is a professional in the field and understands what you need to do to build a strong case so that you can receive the maximum settlement possible.
Working with an employment attorney does not guarantee that you will win your case, but it will greatly improve the chances of a favorable outcome. Given that many employment attorneys work on a contingency basis, meaning that you only pay if you win your case, there is very little risk to hiring an attorney to help you navigate the complexities of the legal system in an already stressful situation.
For more information about how an employment attorney might be able to help you with your claim, fill out a free case evaluation.
