15 September, 2020
Sexual harassment is understood as any unwanted encounter with an individual that has a sexual innuendo attached. This could be verbal, non-verbal, or physical. Interactions such as making comments, expressing gestures, telling jokes, asking questions, sharing vulgar photos or videos, and inappropriate touching, which insinuate a sexual connotation, are considered forms of sexual harassment. It is an expression of gender discrimination and sexism that can have an everlasting impact on the victim. This is especially true when it occurs within a workplace setting.
When sexual harassment occurs on the job, it often affects an employee’s performance and their home life. Victims will often undermine the effects because job security is more important. The harassment could be a single encounter, but quite often it takes place over an extended period of time before being reported to the employer. Sexual harassment can be between female-female, female-male, or male-male. It does not have to be a member of the opposite sex. The unwanted advances can come from a supervisor, co-worker, or a non-employee, such as a client. This situation can cause adversity within the professional environment unless properly resolved by the employer.
If one’s employment position is influenced by their response to sexual behavior, it is referred to as quid pro quo. Hiring, firing, promotions, raises, favorable scheduling, and delegated assignments for an employee are contingent on whether or not they are submissive to the derogatory behavior. This behavior typically occurs with a co-worker who is in a supervisory position, or has influence on a supervisor’s opinion. Lack of participation in or acceptance of behaviors of sexual nature can negatively affect overall employee performance, or even cost someone their job. When one is subject to this behavior, it creates what’s known as a hostile work environment.
A hostile work environment forms when the setting of a job becomes intimidating, unfriendly, offensive, and uncomfortable due to the misconduct that takes place. Whether the sexual behavior is directed specifically toward an individual employee, or witnessed being discussed between co-workers, it often causes a sense of unease in a setting that is meant to be strictly professional. Victims of sexual harassment will often begin anticipating these unwanted interactions and change their daily performance in order to avoid them. Ultimately, the harassment will not only have adverse effects on the victim, but the company as well. When the work environment becomes hostile, it is even more difficult for the victim to step forward and put a stop to the misconduct.
As with reporting any incident on the job, there is often a fear of retaliation for the victim. Most employers have a human resources department that is trained on how to address such issues in the workplace. It is common they will have an open-door policy, which encourages employees to openly discuss any issues that take place at work. It is unlawful for the employer to discriminate and retaliate against anyone that brings forward a complaint, so any information provided should not be used against the victim. Unfortunately, sexual harassment within a professional setting occurs quite frequently, is not discussed enough, nor taken as seriously as it should be. This is why most businesses have established protocol for handling the situation.
Employers are obligated to have policies in place for sexual harassment prevention, take remedial action to resolve any issues, and report any incidents to the Equal Employment Opportunity Commission (EEOC) for further investigation. City, state, and federal governments all have laws against sexual harassment within the workplace, and the EEOC recognizes the misconduct as a violation of civil rights. If the employer is unable to resolve the complaint, the EEOC intervenes. During the investigation, each case is reviewed within context to determine whether the circumstance was of sexual nature, weighing out the facts provided by each party involved and any witnesses. Each case is determined based on evidence, which can be difficult to prove, even with the use of modern technology. Having an employer that is capable of finding a solution to the issue prior to EEOC involvement would be most favorable for the victim.
Any unwanted sexual encounter can be difficult to overcome, especially when it occurs at one’s place of employment. The fear of causing any issues amongst co-workers or losing a job is additional stress on the victim. Keeping in mind that there are laws against any type of harassment within the workplace can facilitate taking the initiative to put an end to it. The best way for employers to prevent misconduct is to discuss the policies and provide training on what to do if one experiences or witnesses such behavior. Clearly communicating a zero-tolerance policy towards sexual harassment is the most effective and efficient way to combat it from occurring within the workplace in the first place. And should it happen and persists, contact a sexual harassment lawyer near you for further guidance.
