Sexual harassment in the workplace is unlawful under Title VII of the Civil Rights Act of 1964. While most people are aware of the illegality of sexual harassment, they might struggle to define it accurately.
At PLBH, we encourage you to continue reading to gain a comprehensive understanding of what constitutes sexual harassment. If you need assistance from a seasoned employment law attorney, contact us at (800) 435-7542 for a consultation.
Understanding the Definition of Sexual Harassment
Sexual harassment can manifest in various forms, as any proficient employment law specialist can attest. The Equal Employment Opportunity Commission (EEOC) defines sexual harassment as unwelcome sexual advances, requests for sexual favors, and other sexual-related verbal or physical conduct when:
- Acceptance or refusal of such conduct becomes the basis for employment decisions.
- Acceptance or refusal of such conduct is an implicit or explicit condition of a person’s employment.
- The sexual conduct significantly interferes with job performance.
- The sexual conduct in the workplace can be hostile, offensive, or intimidating.
Significantly, the conduct must be unwanted, meaning it is not desired by the victim. If the victim does not welcome sexual advances, requests for sexual favors, or other sexual-related verbal or physical conduct, it is considered unwanted and can be classified as sexual harassment.
Recognizing the Universality of Sexual Harassment Victims
Contrary to popular belief that sexual harassment predominantly affects women, anyone, regardless of their gender, can be subjected to sexual harassment. A knowledgeable employment law specialist will tell you that both the victim and the harasser could be of the same or different genders. Harassers could range from supervisors to coworkers, and even customers or clients.
Instances of Sexual Harassment
Depending on the situation and individuals involved, various actions could qualify as sexual harassment. For instance, displaying explicit materials at your workspace could potentially be considered sexual harassment.
In other circumstances, physical contact such as unwanted touching or brushing against a coworker could also be classified as sexual harassment. More blatant examples might include a supervisor soliciting sexual favors in exchange for preferred work schedules, or a coworker attempting or carrying out a sexual assault.
Classifications of Sexual Harassment
There are two primary types of sexual harassment allegations: quid pro quo and hostile work environment. Quid pro quo situations occur when employment decisions, such as promotions, are contingent upon the employee’s submission to sexual harassment. Hostile work environment sexual harassment, on the other hand, turns the workplace into an intimidating, hostile, or offensive environment.
If you believe you have experienced any form of sexual harassment, an experienced employment law attorney can guide you in deciding the best course of action. Reach out to PLBH at (800) 435-7542 for support.