Many employees want to know… What is sexual harassment? There are two types of sexual harassment in the workplace. The first type is called Quid-Pro-Quo harassment. Quid Pro Quo harassment is when an employer makes sexual conduct a prerequisite for obtaining something in the workplace i.e. a promotion. The second type of sexual harassment, Hostile Environment, involves situations in which an employer or coworker makes the victim feel uncomfortable in the workplace because of his or her sex.
Sexual harassment in the workplace has remained steady over the years. Recently there has been a slight decrease in sexual harassment complaints with the Equal Employment Opportunity Commission. Employers credit their efforts for the decrease in filings.
The United States Supreme Court has created a two part test to be used by employers in defense of a sexual harassment charge. The first part of the test requires employers to show that they took reasonable care to prevent and correct any sexual harassment behavior within their workplace. The second part requires the employer to show that the employee unreasonably failed to take advantage of any preventative or corrective opportunities provided by the employer.
To satisfy the two part test, employers have implemented policies to avoid these situations. Many employers have a sexual harassment/discrimination policy. This policy is typically distributed through an interoffice memo or explained in an employee handbook. You will most likely have to sign this policy so that your employer has proof that you received the policy. Second, employers offer employees different avenues in which to make complaints about harassment in the workplace. Some avenues include calling the human resource department or talking to a gender specific supervisor who you feel comfortable speaking with. Some employers conduct sexual harassment training that all employees are required to attend. This type of training explains what sexual harassment is and often shows examples that many would not think would be construed as sexual harassment. Meetings are conducted annually to discuss sexual harassment with supervisors and upper management. Yearly surveys also assist employers in knowing what is truly going on at their business. All of these policies are imperative in creating a safe work environment.
If you are being harassed by a coworker, upper management or a supervisor you should seek advise from an attorney. Your employer may be directly or strictly liable for the type of harassment that you are suffering at your place of employment.
If you are an employer being accused of sexual harassment you will want to act quickly. You are not automatically liable and do have defenses to such a charge. You will also want to contact an attorney for advice and representation.
By Lisa Zanassi
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