Sexual Harassment in the Workplace: A Broader Perspective
by Atty. Gabriel Cosh
In the United States, sexual harassment is a form of discrimination that violates Title VII of the Civil Rights Act of 1964. Said Title VII prohibits discrimination by covered employers based on race, color, religion, sex or national origin.
There is sexual harassment or discrimination when an employee in the workplace makes unwelcome sexual advances, requests for sexual favors or commits conducts, whether verbal or physical, which is of a sexual nature against another employee. The sexual conduct must be done continuously by the employee against another employee against his or her wishes.
In addition, according to the U.S. Equal Employment Opportunity Commission (EEOC), sexual harassment happens, “when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance or creates an intimidating, hostile or offensive work environment.”
In the above definition stated by EEOC, it is clear that sexual harassment can also be a factor in creating a hostile work environment, which usually entails discrimination in the work place.
Unlike the early notion of sexual harassment cases in the workplace, sexual harassment may be committed by both sexes. Even a female employee can sexually harass a male co-employee so long as there is continuous and unwelcome sexual conduct of a verbal or physical nature.
At the same time, sexual harassment can be carried out against the same sex. A male employee can sexually harass another male co-employee like when the former requests sexual favors, utters words, or make conversations of a sexual nature.
Similarly, not only those who have moral ascendancy or those who have positions higher than the employee victim can commit sexual harassment. Aside from the employer, supervisor or manager of the company, co-workers and even suppliers of the company can commit sexual harassment against an employee in the company.
Basing from the definition made by EEOC, even employees not targeted or sexually harassed could also be victims of sexual harassment in the workplace. Since sexual harassment is also a form of discrimination that causes intimidating, hostile or offensive work environment, those employees who are constantly subjected to a work environment where a co-employee is being sexually harassed or discriminated against can be treated as victims of harassment.
Furthermore, for a sexual harassment to occur, the employee victim need not prove that there is actual adverse effect on his or her employment. An employee victim of sexual harassment need not show that he or she was demoted, transferred or acquired low evaluation ratings to prove that he or she was sexually harassed in the work place.
An employee who thinks that he or she has been sexually harassed must immediately file a complaint with the grievance machinery of the company in order to deter further sexual harassment. This act could save a lot of employees from becoming future victims of sexual harassment in the workplace.
Our Los Angeles Sexual harassment lawyers are highly capable in handling all work related harassment claims. Please visit our Los Angeles Lawyers website.
About the Author
Atty Gabriel Cosh is a legal advocate and a practitioner of law for over 10 years now. He is also an expert in the field of social legislation and personal injury cases.