Signs of Sexual Harassment in the Workplace

Amongst the most traumatic experiences an individual can experience is any sex-based incidents. Sexual harassment in the workplace is no different. Sexual harassment can be a cause of shame and embarrassment, and many suffer in silence. You do not have to!

Sexual Harassment Defined:

Sexual harassment can be unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that explicitly or implicitly affects an individual’s employment. The effects on an individual’s employment may include unreasonable interference with work performance or the creation of a hostile work environment.

Types of sexual Harassment:

Hostile Work Environment occurs when the sexual conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment. These types of situations may involve various forms of verbal and physical conduct, which have the purpose or effect of creating a hostile or offensive working environment. It must be severe and pervasive.

Quid Pro Quo occurs when an employee’s subjection to sexual conduct is linked to the grant or denial of job benefits, such as getting or retaining a job, or receiving a favorable performance review or promotion. For example, a request for sexual favors by a supervisor with authority over the employee in exchange for a promotion or pay raise. Conversely, this may occur when an employee objects to a request for a sexual favor and the person is terminated or demoted. It is important to remember that these requests can be explicit or implicit.

• Note that under the California Fair Employment and Housing Act (FEHA) there is no distinction between the type of harassment.

Signs of Sexual Harassment:

• Unwanted Touching. (Any unwanted physical touching, such as kissing, grabbing, rubbing, hugging WITH sexual intent.)
• Sexualized jokes or language.
• Retaliation for reporting sexual harassment.
• Employment consequences for refusing to engage in a sexual relationship with your supervisor.
• Sexual harassment based on sexual orientation.
• Display of explicit sexual material.

Remember what is unwelcome is not from the perspective of the perpetrator, but YOURS! And unwelcomed means unwanted. It is also important to remember that gender does not matter. Discussing the possibility that you were sexually harassed is an uncomfortable conversation and it may not be clear what constitutes sexual harassment because often it is subtle, but do not avoid the conversation. Report any incidents that involve any unwelcome sexually based interactions to your human resources department or follow any procedures set forth by your company. If it is not enough to resolve your concerns, contact an attorney to discuss other possible recourses.