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What Constitutes Sexual Harassment in the Workplace?

Sexual harassment can occur anywhere. And it’s shockingly common, especially in the workplace. In fact, one in three women between the ages of 18 and 34 report being sexually harassed at work. Sexual harassment is a form of discrimination, and a violation of Title VII of the Civil Rights Act of 1964. As such, it is a federally prohibited act. Even so, workplace sexual harassment continues to occur with shocking frequency. Read on for more information about what constitutes sexual harassment in the workplace, and what to do if you are being harassed.

Title VII protects workers from unlawful discrimination, including discrimination based on race, gender, sexual orientation, and religion. Sexual harassment encompasses a diverse array of behaviors, including unwelcome sexual advances, verbal sexual misconduct, physical sexual misconduct, and requests for sexual favors. Title VII applies to employers with at least 15 employees, and includes government entities. A Boston employment law attorney can help you determine how to proceed if you’ve been the victim of sexual harassment in the workplace.

Whether or not an action is considered sexual harassment is largely dependent on the particulars of the situation. For example, the telling of sexually-suggestive jokes between co-workers who are friends outside of work and who engage in that type of banter is probably not sexual harassment. However, if a superior tells sexually-suggestive jokes to a new employee and it makes her uncomfortable, this may be considered a form of sexual harassment. This is especially true if he continues to tell the jokes even after discovering that they make the employee uncomfortable.

Quid Pro Quo vs. Hostile Work Environment

Workplace sexual harassment is usually placed in one of two categories: quid pro quo or hostile work environment.  A MA employment law attorney can help you protect your rights if you’ve been the victim of workplace sexual harassment.

  • Quid pro quo: This type of sexual harassment occurs when the harassment is tied to an employment decision, such as a promotion or termination.
  • Hostile work environment: This type of sexual harassment occurs when the harassment of a superior or co-worker makes your work environment offensive, intimidating, or hostile.

In addition to sexually-suggestive jokes, sexual harassment may include threats or bribes soliciting sexual activity, sexual comments or innuendos, unwelcome touching, displays of sexually explicit or graphic images or content, and any type of sexual assault. If you have been sexually harassed, the severity of the incident will have a significant impact on the outcome of the case. In some cases, even a single unwelcome advance may constitute sexual harassment; for example, the request of a sexual favor in exchange for a promotion, or a uniquely severe form of harassment, such as assault. If an isolated incident is less serious, such the telling of a sexually-suggestive joke, it may be difficult to qualify as sexual harassment. When a pattern exists, however, painting a picture of a hostile work environment will be an easier task.

Workplace Sexual Harassment Statistics

Although sexual harassment affects men and women both, women are disproportionately victimized.

  • 88 percent of women report workplace sexual harassment vs. 21 percent of men.
  • Of those, 27 percent report being harassed by a co-worker and 17 percent report being harassed by a superior.
  • A total of 12 percent report threats of termination if they refuse the requests.
  • Most workplace sexual harassment comes in verbal form.

Altman & Altman, LLP – Boston’s Top Employment Law Firm

If you have been sexually harassed at work, the skilled legal team at Altman & Altman, LLP can help. We will review the details of your case to determine the most appropriate legal strategy and our experienced, compassionate attorneys will remain by your side throughout the entire process. If you’ve been the victim of any type of workplace discrimination, we can help, Contact Altman & Altman, LLP today for a free and confidential consultation about your case.

 

 

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