Sexual Harassment
Sexual harassment in the workplace
occurs whenever there is an unwanted
condition imposed on a person's
employment because of that person's
gender. Sexual harassment typically
involves a woman being subjected to one
or more of the following actions:
* unwelcome sexual advances;
* acts of gender-based hostility due to the recipient's sex;
* a workplace environment or pervasive conduct that is offensive on the basis
of gender to other employees, regardless of whether or not they are specifically
targeted for harassment.
The law in this area is ever-evolving and there are many distinctions and
intricacies that need to be considered regarding the advancement of women in
the workplace and the continuing bias and disparate treatment that women
continue to suffer. Some considerations are:
* the response of the employer to internal complaints;
* the existing policies, procedures and training of management with respect
to charges of harassment.
Every case requires an independent analysis of all the factors. Having said that,
there are still two basic legal theories of sexual harassment allegations, "quid
pro quo" and "hostile environment." "Quid pro quo," literally "something for
something," essentially connotes that an individual is forced to choose between
suffering an adverse employment action, e.g., getting fired, and submitting to
sexual demands. To paraphrase Andrea Dworkin, it is like being forced to
choose between abject humiliation and inflicting self-injury.
The hostile work environment theory requires that a plaintiff demonstrate the
following elements in her basic claim:
* that she is a member of a protected class (women);
* that she was subjected to unwelcome sexual harassment;
* the harassment was based on sex;
* the harassment affected a term, condition or privilege of employment (the
conduct must be severe and pervasive);
* the employer knew or should have known of the harassment and failed to
take prompt and effective remedial action (the employer did nothing at all, or
did too little, too late or simply made matters worse).
While sexual harassment can afflict members of either gender, as a practical
matter, the vast majority of cases implicate men in positions of authority seeking
some form of sexual gratification at the expense of a subordinate female
employee, or men in a traditionally male bastion of labor creating an
environment where women are made to feel diminished and humiliated. While
the strength of an individual case can only be properly assessed during a
personal consultation with a qualified attorney, one knows when she is
experiencing discomfort at work as a consequence of sexually-charged activity
or conduct. If this is true for you, find your company's sexual harassment policy
or employee handbook and seek the advice of a Plaintiff's employment lawyer as
soon as possible.
