In the midst of the #metoo movement, both employers and employees need to clearly understand the parameters of sexual harassment in order to raise awareness and implement strategies to keep employees safe and avoid costly legal issues.
By law, sexual harassment is defined as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical contact of a sexual nature” when compliance with such conduct affects one’s employment, work performance, or results in a hostile environment that serves as a basis for employment decisions (p.126).
Quid Pro Quo and Hostile Environment Generally speaking, there are two forms of sexual harassment: quid pro quo and a hostile environment. Quod pro quo, meaning this or that, occurs when an individual explicitly or implicitly suggests sexual favors in return for a favor. This type of sexual harassment also covers situations in which an employee is threatened if he or she does not comply. Two thirds of sexual harassment cases involve an immediate or powerful supervisor, and the offender in half of the cases are the direct supervisor of the victim (source 2). Companies create a hostile environment through verbal harassment and inappropriate contact that makes employees of a particular gender feel uncomfortable. Although there may not be direct requests for sexual favors, inappropriate jokes, comments, or sexist behaviors can result in a sexual harassment case. …show more content…
The plaintiff cannot have invited the advances through their own conduct, otherwise the sexual advances could be deemed “wanted” rather than “unwanted.” These advances must also be severe, meaning the conduct violates the terms, conditions, and privileges of employment. Lastly, the court must decide if the organization itself is responsible for the actions of the employees
By law, sexual harassment is defined as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical contact of a sexual nature” when compliance with such conduct affects one’s employment, work performance, or results in a hostile environment that serves as a basis for employment decisions (p.126).
Quid Pro Quo and Hostile Environment Generally speaking, there are two forms of sexual harassment: quid pro quo and a hostile environment. Quod pro quo, meaning this or that, occurs when an individual explicitly or implicitly suggests sexual favors in return for a favor. This type of sexual harassment also covers situations in which an employee is threatened if he or she does not comply. Two thirds of sexual harassment cases involve an immediate or powerful supervisor, and the offender in half of the cases are the direct supervisor of the victim (source 2). Companies create a hostile environment through verbal harassment and inappropriate contact that makes employees of a particular gender feel uncomfortable. Although there may not be direct requests for sexual favors, inappropriate jokes, comments, or sexist behaviors can result in a sexual harassment case. …show more content…
The plaintiff cannot have invited the advances through their own conduct, otherwise the sexual advances could be deemed “wanted” rather than “unwanted.” These advances must also be severe, meaning the conduct violates the terms, conditions, and privileges of employment. Lastly, the court must decide if the organization itself is responsible for the actions of the employees