What is Sexual Harassment?

Sexual Harassment definition

Sexual harassment is defined as harassment towards an applicant or an employee based on that person’s sex. It includes unwelcome sexual advances, requests for sexual favors, and verbal and physical harassment of a sexual nature. However, it can also include offensive remarks about a person’s sex, as opposed to being limited to comments of a sexual nature. An example of comments that are offensive as opposed to sexual in nature is an offensive comment about women in general. One limitation to conduct considered to be sexual harassment is the exclusion of teasing, offhand comments, or isolated, mild incidents, unless they become frequent enough to create an offensive environment.

What constitutes sexual harassment?

The Equal Employment Opportunity Commission of the United States Government breaks sexual harassment into two categories: quid pro quo and hostile environment sexual harassment. Quid pro quo harassment occurs when an employer’s sexual favors are solicited in exchange for benefits relating to the job. A hostile work environment occurs when sexual harassment creates an abusive workplace which affects a term, condition, or privilege of employment. These two forms of sexual harassment can exist either alone or simultaneously, and often a quid pro quo harassment will include hostile workplace harassment.

Sexual harassment policy

Employers have sexual harassment policies defining sexual harassment and providing for employer response in the event that an employee is reported for sexual harassment. While these policies will vary by state and by company, they should outline the company’s resources in the event that sexual harassment does occur.

Sexual harassment attorney

If you believe that you have been the victim of workplace sexual harassment, the attorneys at Freundlich and Littman, LLC., want to help. Whether it is reviewing your employer policy and practice or taking legal action, the attorneys at Freundlich and Littman want help you to ensure that you workplace is safe. Call us today at 215-545-8500 or email us at info@freundlichandlittman.com to schedule a free consultation.

Sources:

Henry Alligood, Workplace Sexual Harassment: Quid Pro Quo, 62 Am. Jur. Trials 235 (Originally published in 1997), May 2020 Update.

U.S. Equal Employment Opportunity Commission, Sexual Harassment, Accessed July 13, 2020.

Your Rights

Sexual harassment is, unfortunately, a common practice in the workplace. Sexual harassment is the term for harassment based on a person’s sex.

Sexual harassment is illegal. Sexual harassers are responsible for their harassing behavior. It is the victim’s right to seek compensation for any financial, physical, or emotional harm from their harasser. As long as the harassing behavior is severe enough, a victim may seek compensation.

Freundlich & Littman, LLC are your sexual harassment lawyers. Sexual harassment cases are under-reported across the country, including Philadelphia. In many instances, victims do not know that the treatment they received qualified as sexual harassment. We want to educate you on sexual harassment so that you make the right choice for your situation.

Types of Sexual Harassment

Remember that anyone can be a victim regardless of the perpetrator’s sex.

In general, sexual harassment law covers workplace incidents. Perpetrators of sexual harassment can be anyone. It does not matter whether they are in a position of power over the victim, an equal, or a subordinate. They can also be non-employees who comes in contact with the workplace, depending on the frequency.

Types of sexual harassment that we can handle may include the following:

• Displaying offensive or pornographic images to intimidate or harass.
• Lewd gestures.
• Comments about a member’s sex or a person’s lack of conformity to gender norms.
• Hiring, firing, or disciplining based on sex.
• Other offensive treatment meant to degrade, belittle, embarrass, or offend a particular sex.

Perpetrators

You may be afraid that you cannot seek relief from your horrible treatment because your boss was not the one who harassed you. Fear not. To put it simply – sexual harassment in the workplace is not tolerated. The net is cast broadly to account for many people.

The courts have again cast a wide net to deal with the problems of sexual harassment. Traditionally, the supervisors were the sole perpetrators of sexual harassment. While sexual harassment is often perpetrated by supervisors, others in the workplace can be guilty of sexual harassment.

Co-workers who harass you, such as the man from the oil rig, are guilty of sexual harassment. A supervisor from another department can be guilty of sexual harassment. Even customers or clients who are in frequent contact with you in the workplace can be perpetrators of sexual harassment.

Retaliation

People are afraid to come out against their employers in any way for fear that they will lose their jobs or future employment opportunities. Perhaps you made a complaint at your Human Resources department. Your employer contacted your supervisor, reprimanded them, and sent them to sexual harassment training. Now, your supervisor is back and writes you up more than any other employee or moves your shift from the day to night. This is illegal.

Your employer may not retaliate against you for coming forward about the harassment. Even if your claims are unsuccessful in court or your company’s internal process, they still may not retaliate against you. Again, retaliation takes many forms. Generally, retaliation is any unfavorable employment action taken against you without justification. Examples include:

Changing work shifts.
Write ups.
Suspension.
Termination.