Film producer Harvey Weinstein was fired from the company he co-founded, the Weinstein Company, following accusations of sexual harassment by at least 30 women. Among them are several well-known actresses including Angelina Jolie, Gwyneth Paltrow, and Rosanna Arquette.
Their stories are all quite similar. Mr. Weinstein met them in his hotel room or a similarly private location to discuss business. In many cases, he was in a bathrobe when they arrived, asking if they wanted a massage, or even to watch him shower. For most of these women, the unwanted advances came early in their acting careers, before they were household names. Harvey Weinstein was a highly-respected film director who used his power to take advantage of women.
But sexual harassment doesn’t just happen in show business. It is an unfortunate reality for millions of women every year. And it’s been a problem since women have entered the work force. In fact, up until more recently, “sexual harassment of women at work” didn’t even have a name; it was just work. Fortunately, that’s all changing. We live in a time when sexual harassment is more than frowned upon, it’s illegal. A MA employment law attorney can help you protect your rights if you are being sexually harassed at work.
Despite the laws protecting women, and men, from sexual harassment in the workplace, it still happens with shocking frequency. Generally speaking, sexual harassment includes unwelcome advances of a sexual nature, requests for sexual favors, and other offensive sexual behaviors or comments. For behavior to be considered harassment, it must create a hostile, intimidating, or offensive work environment, or interfere with the victim’s job. For example, if a male superior threatens to fire a female employee if she doesn’t go on a date with him, this is sexual harassment.
Common Types of Workplace Sexual Harassment
Sexual harassment comes in many forms, from subtle to blatant. Examples of sexual harassment include:
- Unwanted jokes or innuendoes of a sexual nature
- Requests for sexual favors, especially if in connection to employment
- Unwelcome touching
- Displaying of pornographic or sexually-suggestive objects or photos
- Blocking or impeding the victim’s ability to walk away
- Sexual assault
Keep in mind, however, that sexual attraction and sexual harassment are two entirely different things. Consider Bob. Bob works with Anna; he’s had a crush on her for months. Bob thinks Anna might feel the same way, so he engages in some mild flirting, complimenting her dress one day, and telling her he can’t believe she’s single a few days later. Then he asks her out on a date. Anna declines. Bob’s heart is broken but he understands. Anna, however, is bothered by the request for a date. Bob is definitely not her type. The more she thinks about it, the creepier it seems. Why would Bob ask her out on a date? Anna starts to feel uncomfortable around Bob at work. After a conversation with her boss about the situation, Anna decides to file a complaint.
In the scenario above, the flirtation may have been unwelcome, but it wasn’t particularly repetitive or severe. Unwelcome flirting or comments can be sexual harassment, but only if they are pervasive or offensive. If, for example, Bob had continued to flirt with Anna and ask her out on dates after she told him to leave her alone, a sexual harassment complaint may have been warranted. In any case, a Boston employment law attorney can help you determine how to proceed if you’ve been a victim of workplace sexual harassment.
Altman & Altman, LLP – Premier Employment Law Firm
If you have been harassed or discriminated against at work, the skilled legal team at Altman & Altman, LLP can help. We have been protecting the rights of MA workers for more than 50 years. You deserve to feel comfortable at work. If a supervisor or co-worker is creating a hostile work environment, we can help. Contact Altman & Altman, LLP today for a free and confidential consultation about your case.