Sexual Harassment

Definition

Sexual harassment refers to unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that creates an intimidating, hostile, or offensive work environment. It is a form of discrimination that violates an individual's right to a safe and respectful workplace.

5 Must Know Facts For Your Next Test

1. Sexual harassment can take many forms, including verbal (e.g., unwelcome comments, jokes, or requests), visual (e.g., displaying sexually explicit images), and physical (e.g., unwanted touching or assault).
2. Employers have a legal obligation to prevent and promptly address sexual harassment in the workplace, as it can lead to liability and damage the organization's reputation.
3. Victims of sexual harassment can include both employees and non-employees, such as customers, clients, or vendors, who are subjected to unwelcome conduct.
4. Retaliation against an individual for reporting sexual harassment or participating in an investigation is also prohibited and considered a form of harassment.
5. Effective sexual harassment prevention training and clear policies and procedures for reporting and investigating complaints are crucial for creating a safe and inclusive work environment.

Review Questions

• Explain the two main types of sexual harassment and provide examples of each.
  • The two main types of sexual harassment are quid pro quo harassment and hostile work environment harassment. Quid pro quo harassment occurs when an employee's submission to or rejection of unwelcome sexual conduct is used as the basis for employment decisions, such as hiring, firing, promotion, or compensation. For example, a supervisor demanding sexual favors in exchange for a promotion would be considered quid pro quo harassment. Hostile work environment harassment, on the other hand, refers to a work environment that is permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment. This could include unwelcome sexual comments, jokes, or the display of sexually explicit images in the workplace.
• Describe the employer's legal obligations and responsibilities in addressing sexual harassment in the workplace.
  • Employers have a legal obligation to prevent and promptly address sexual harassment in the workplace. This includes establishing clear policies and procedures for reporting and investigating complaints of sexual harassment, providing comprehensive sexual harassment prevention training for all employees, and taking immediate and appropriate corrective action when harassment is reported or discovered. Employers can be held liable for sexual harassment that occurs in the workplace, even if they were unaware of the behavior, if they failed to exercise reasonable care to prevent and correct the harassing conduct. Effective sexual harassment prevention measures and a swift, thorough response to complaints are crucial for creating a safe and inclusive work environment and mitigating the organization's legal and reputational risks.
• Analyze the potential consequences of sexual harassment for both the victim and the organization, and discuss strategies for creating a workplace culture that prioritizes respect and professionalism.
  • Sexual harassment can have devastating consequences for the victim, including emotional distress, decreased job satisfaction and productivity, and potential long-term psychological harm. For the organization, sexual harassment can lead to costly legal battles, damage to the company's reputation, and a negative impact on employee morale and retention. To create a workplace culture that prioritizes respect and professionalism, organizations should implement comprehensive sexual harassment prevention policies, provide regular training for all employees, encourage open communication and reporting of concerns, and swiftly investigate and address any allegations of harassment. Fostering a culture of mutual respect, empowering employees to speak up, and holding all individuals accountable for their actions are key strategies for preventing and effectively addressing sexual harassment in the workplace.

Related terms

Quid Pro Quo Harassment: A type of sexual harassment where an employee's submission to or rejection of unwelcome sexual conduct is used as the basis for employment decisions, such as hiring, firing, promotion, or compensation.

Hostile Work Environment: A work environment that is permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment.

Protected Characteristics: Specific personal traits, such as sex, race, color, religion, national origin, age, disability, or genetic information, that are protected from discrimination and harassment under federal and state laws.