Sexual Harassment In The Workplace

Every employee deserves a workplace where they can thrive without the threat of sexual harassment. Such conduct not only creates a hostile environment but can also have serious implications for both individuals and organizations.

While sexual harassment in the workplace has historically been overlooked, recent years have seen significant strides in defining unacceptable behaviors and implementing procedures to address them effectively.

Key Takeaways:

• Sexual harassment encompasses explicit or implicit inappropriate behaviors of a sexual nature, often tied to an individual’s gender.

• It can be classified into two primary categories: quid pro quo and hostile work environment.

• Non-sexual harassment includes verbal or physical actions that inflict emotional distress, leading victims to feel bullied or demeaned.

• Documenting instances of sexual harassment and clearly communicating that such behaviors are unwelcome is crucial.

What Is Sexual Harassment?

Sexual harassment involves behaviors of a sexual nature that are unwelcome and can happen to individuals of any gender, age, or professional status. Under Title VII of The Civil Rights Act of 1964, sexual harassment is recognized as a form of discrimination, providing a framework for justice for those affected.

There are two main types of sexual harassment:

• Quid pro quo. This term translates to “something for something.” It occurs when a person in a position of authority requests sexual favors in exchange for job-related benefits. For example, a supervisor might say, “If you go on a date with me, I will help you with your project.”

  Any explicit or implied suggestion that sexual compliance is necessary for workplace advantages constitutes sexual harassment.

• Hostile work environment. This form of harassment does not involve explicit propositions for sex but includes unwelcome sexual advances, comments, and innuendos that create an intimidating atmosphere. A hostile work environment may also arise from discriminatory practices in hiring, wages, or conditions based on gender.

What Is Non-Sexual Harassment?

Non-sexual harassment can be equally damaging to the workplace. This type of harassment includes discrimination based on race, age, religion, and other non-sexual factors, manifesting as verbal or physical actions that harm the victim emotionally.

Examples of Sexual Harassment in the Workplace

Sexual harassment can manifest in various ways, with each victim’s experience being unique. Some behaviors may be overtly demeaning, while others might be subtle and go unrecognized by the victim. Familiarize yourself with the following examples of sexual harassment:

1. Unwanted sexual advances. Pursuing a sexual relationship with a co-worker or supervisor is often ill-advised. If one party is uninterested and the advances continue, it constitutes sexual harassment. Examples include:

   • Attempting to kiss a co-worker

   • Repeatedly asking for a co-worker’s phone number

   • Excessive compliments or requests for dates

2. Sending sexually suggestive emails or messages. Written communication should remain professional. Emails or letters with sexual undertones can create a toxic work environment.

3. Making vulgar jokes. Humor in the workplace should be appropriate. Inappropriate jokes can make colleagues uncomfortable and contribute to a hostile environment.

4. Sexually suggestive gestures. Non-verbal cues can be just as damaging as words. Examples include:

   • Lewd gestures

   • Inappropriate or prolonged staring

   • Sexual sounds, such as whistling

   • Threatening body language

5. Inappropriate touching. Touching someone without consent crosses a serious boundary. Examples include:

   • Patting

   • Brushing against a co-worker purposefully

   • Sitting too close

   • Unwanted hugging

   • Grabbing

   • Massaging

Examples of Non-Sexual Harassment in the Workplace

Non-sexual harassment can significantly disrupt workplace harmony. Such behaviors can include:

1. Stereotypes. Comments or jokes based on stereotypes can offend both the target and those who overhear them.

2. Negative comments on personal traits. Making disparaging remarks about a colleague’s traits unrelated to their work is discriminatory. Topics to avoid include:

   • Religious beliefs

   • Skin color

   • Age

   • Gender

3. Sharing offensive content. Sending inappropriate images or videos can create a hostile environment and is a form of virtual harassment.

4. Using racist terminology. Any form of racist language, including slurs or derogatory comments, is unacceptable in any setting.

5. Disrespectful attacks. Consistent negative remarks about personal traits can escalate into harassment, disrupting workplace dynamics. Examples include:

   • Belittling a colleague due to their age

   • Discrimination based on gender

   • Bullied commentary regarding someone’s religion

   • Insulting a colleague’s sexual orientation

How to Handle Workplace Harassment

Experiencing harassment, whether sexual or non-sexual, can be emotionally taxing. It’s important to know your rights and the appropriate steps to take. Here are ways to address and resolve workplace harassment:

1. Clearly communicate that the behavior is unwelcome. If you feel safe, inform the harasser that their behavior is inappropriate. Consider saying:

   • “Your comments are offensive to me. Please stop.”

   • “I’m not interested in a romantic relationship, so please discontinue these comments.”

   • “I feel uncomfortable with the level of compliments I’m receiving; I’d appreciate it if you could stop.”

   If the harassment persists, having communicated your discomfort can support your case if you choose to report it.

2. Report the harassment to your employer. If you experience harassment, report it to your employer as soon as possible. A trusted manager or HR personnel can guide you through the process and document the incident.

3. Review your company’s policy. Familiarize yourself with your organization’s procedures for handling harassment complaints. This could involve filing an internal complaint or being referred to the Equal Employment Opportunity Commission (EEOC) for legal guidance.

4. Maintain a detailed record. Keep a continuous log of all harassment incidents, including dates, descriptions, and any witnesses. This documentation is vital for any further action you may need to take.

5. Gather evidence and witnesses. If possible, collect statements from individuals who witnessed the harassment. This strengthens your case but do not feel pressured to disclose details if you’re uncomfortable.

6. File a charge with the Equal Employment Opportunity Commission. If your employer fails to address the harassment, filing with the EEOC may be necessary. This is a crucial step for pursuing legal action and must be done within 180 days of the incident.

7. Consult a legal professional. While it’s not always necessary to hire a lawyer, having legal guidance can clarify your rights and options, especially if you’re concerned about retaliation.

8. Focus on maintaining your work performance. Despite the challenges, continuing to perform well can positively reflect on your professionalism. Strive to meet your responsibilities, demonstrating your value as an employee.

9. Consider resignation. While resigning is a difficult decision, it may sometimes be necessary to seek a healthier work environment. Ensure you have reported the harassment and explored all avenues before making this choice.

   Exiting your position should be motivated by the pursuit of a better opportunity, not as a retreat from harassment. Hold perpetrators accountable for their actions.

10. Seek support from loved ones. Whether you choose to resign, take legal action, or resolve the issue through your employer, confide in friends, family, or professionals. The emotional toll of harassment can linger, and seeking support is essential for recovery.

    Even after the harassment ends, its effects on mental health and workplace security can persist. Engaging with supportive individuals or counselors can aid in navigating these challenges.

Author

Amanda Covaleski

Amanda is a writer with experience in various industries, including travel, real estate, and career advice. After taking on internships and entry-level jobs, she is familiar with the job search process and landing that crucial first job. Included in her experience is work at an employer/intern matching startup where she marketed an intern database to employers and supported college interns looking for work experience.