The Types of Sexual Harassment to Know
There are types of sexual harassment to know if you or someone you know are in this tough situation.
Read on for the details.
Introduction
Sexual harassment has been going on for as far back as we know. And even though it has become the topic of discussion within the workplace and reprimands are put in place, it still happens much more than it should.
Most people think of sexual harassment as direct sexual advances from another individual. And while that is true in its most basic form, there is much more involved.
Let’s take a look at the types of sexual harassment recognized under California law.
Behaviors Considered Sexual Harassment
There are some behaviors that are walking billboards for sexual harassment, such as:
- Requests for sexual favors
- Slapping a co-worker’s butt
- An unwanted kiss
- Sexually explicit comments
- Staring and ogling
- Sexual gestures
- Rape / sexual assault
It is fairly common knowledge that if one of these things happens, they are often considered sexual harassment without question. But then there are other situations that make you wonder – is it sexual harassment? Has a line been crossed? What is considered too far? Below we’ve put together a list of a few behaviors that are more subtle but are still, nonetheless, considered sexual harassment – especially if they make someone feel uncomfortable.
- Sexual jokes
- Unwanted touching or hugging
- Unwanted gifts that have sexual or romantic tones
- Complimenting one’s appearance – or discussing the appearance of other employees
- Discuss one’s sex life – and ask questions about a colleague’s sex life
- Sharing photos of naked or half-naked people
- Spreading sexual-type rumors
- Sending emails or texts that have sexual undertones
And those are just a few things that go on within the workplace. Should you encounter questionable behavior, talk to your supervisor – or consult with an attorney.
Types of Sexual Harassment
California law prohibits sexual harassment in all types of employment. Employers are even required to train supervisors on how to prevent it – and how to deal with it should it happen. According to the California Fair Employment and Housing Act, there are two types of sexual harassment – Quid Pro Quo Harassment and Hostile Work Environment Harassment.
Quid Pro Quo Harassment
Quid pro quo harassment is a type of harassment in which a supervisor – or someone of authority – pushes a subordinate into submitting to sexual advances using threats of adverse action. This may include a demotion, termination, or a bad review. Or it could also be promises of job-related benefits.
The Latin phrase quid pro quo means “this for that.” So, in other words, you do this sexual favor for me, and I will give you a good review. Or, if you don’t do it, then I will give you a bad review. The interaction in this type of harassment can only be between someone in a position of power and a subordinate.
Managers, supervisors, owners, and so on have been known to offer things like favorable shifts, nicer offices, promotions, big opportunities, salary increases, and more to those who submit to sexual advances.
Hostile Work Environment Harassment
Hostile work environment harassment can be caused by anyone – not necessarily someone in an authoritative position. These could be people who spend every day on a work site, vendors who show up at the workplace regularly, other third parties, and regular visitors can be included.
There is no need for a threat of adverse action here. Rather, the person doing the harassment creates an environment that is hostile, intimidating, and even offensive to others by engaging in unwelcome sexual conduct.
Proving a hostile work environment requires that the victim show they were impacted by at least one of the following:
- The harassment has disrupted emotional tranquility in the workplace.
- The harassment has disrupted one’s personal sense of well-being.
- The harassment impacted their ability to continue performing their job.
Because sexual harassment situations can sometimes feel subjective, California Courts take a few factors into consideration when determining whether or not something is truly hostile work environment harassment. This includes the severity of the conduct, frequency of the conduct, and the context of the conduct.
For conduct that is more severe, such as rape, the frequency is not really a factor. However, for more mild behaviors, the courts would generally look for a higher frequency.
The court will consider all factors and make a determination on whether or not sexual harassment occurred and will determine the next steps.
Sexual Harassment Can Destroy A Workplace
Sexual harassment has the power to destroy a workplace. It can take away the harmonious vibe that once was and personally impact those who were impacted by the harassment directly – and those who witnessed it indirectly.
Employers need to have training and resources for all employees, as well as policies on file that can ensure awareness, prevention, and steps to take should it happen. Incidents should never be brushed under the rug but rather dealt with swiftly. The State of California is very clear about prohibited sexual harassment in the workplace.
There are a few things that should be noted and understood by your workforce:
- Unwanted touching is never allowed, whether sexual in nature or not.
- Sexually graphic images are often prohibited.
- Sexual jokes should not be shared in the workplace.
- Unwanted sexual comments are never allowed.
- Unwelcome, sexually derogatory comments are never allowed.
Everyone in the workplace, regardless of who they are and their race, color, national origin, marital status, sexual orientation, religion, age, disability, and so forth, is protected by the laws in California when it comes to sexual harassment.
Hiring an Attorney
If you have been the victim of sexual harassment, it is time to speak to an attorney. As discussed above, there are factors involved that the court will use to determine whether or not it happened and to what extent. An attorney can help you gather up evidence to support your claim and then go to fight for you.
Remember, this type of behavior can impact you personally and professionally. So let an attorney ensure that you don’t face any more negative impacts from this behavior – or from your workplace should you choose to return.
You deserve to have an attorney on your side.
Are you in search for a certified attorney to represent you?
Let us help you find one today!