Sexual Harassment In The Workplace
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment.
Here are some Frequently Asked Questions:
What is sexual harassment?
Sexual harassment …show more content…
Both the employer and employees are liable for sexual harassment.
What is quid pro quo sexual harassment?
Quid pro quo sexual harassment takes place when a supervisor or someone with authority over your job demands sexual favors from you in exchange for a promotion, raise or some other benefit, including keeping your job. The demand for sexual favors can be explicit, e.g. "If you have sex with me, I will promote you," or it can be implied from unwelcome physical contact such as touching or fondling.
What must I prove to prevail in a cause of action for quid pro quo sexual harassment?
You must show that a supervisor, or someone with authority over your job, explicitly or implicitly conditioned a job, retention of your job, a job benefit (raise, business trip, or some other benefit), on your acceptance of sexual conduct. You must demonstrate that the harasser is someone with authority who can affect conditions of your employment. You also have to prove that the sexual conduct was unwelcome.
How can I prove that the sexual conduct was …show more content…
You may show that the conduct was unwelcome by showing that you: explicitly rejected his/her sexual advances; you suffered emotional distress; your job performance deteriorated; you avoided the harasser; you told friends and/or family of the harassment; and you told a company representative of the harassment. Each case is different and your case may or may not include some of these examples.
What are my remedies in a quid pro quo sexual harassment case?
The law provides that you may recover damages from your employer once you have proven that you were deprived of a job benefit, or suffered an adverse employment action, e.g. failure to promote, termination of employment, because you refused to accept your supervisor's sexual demands.
What To Do If I Think I am the Victim of Sexual Harassment?
Keep a record of the events surrounding the sexual harassment, include the date, time, place, and who was present. Your notes may become very important in litigating the case, but bear in mind that these notes may be required to be turned over to the employer during the discovery phase of litigation. Check the company's employee handbook, if one exists, to determine if the company has a procedure for handling sexual harassment complaints. If the company has a procedure for filing a sexual harassment complaint you must comply with