Sexual Harassment in the Workplace
EMPLOYMENT LAW: SEXUAL HARASSMENT IN THE WORK PLACE
I. Introduction
"I was just kidding and she was laughing too." We are all too familiar with this scenario - a simple joke, gesture, or nudge all in the innocence of fun. But is it simple, innocent or fun? The U.S. Department of Labor estimates that American businesses lose over $1 billion annually in absenteeism, low morale, and employee replacement costs due to sexual harassment. It is even more alarming to note that this figure does not include judgments or settlements in civil court cases. There has been an explosion in sexual harassment civil court cases in recent years. Women are no longer sitting back and "bearing" the sexual harassment. Instead, they are coming forward and reporting the harassment. Employers must now educate themselves and their employees on how to prevent sexual harassment in the work place. This article examines sexual harassment from both the employer's and employee's perspectives.
II. What is Sexual Harassment?
Sexual harassment is defined as the unwelcomed verbal or physical conduct or communication of a sexual nature, including sexual advances and requests for sexual favors. The harassment however does not necessarily always have to include sexual overtones, for example, intimidation and sexual hostility towards women because of their sex is a form of sexual harassment. Sexual harassment typically involves more than one isolated incident of unwelcomed conduct or communication. To prove that the harassment was "unwelcomed", the employee must show that she did not solicit or invite the sexual harassment and that the harassment was offensive or undesirable to her. Sexual conduct which was initially welcomed may still be actionable in situations where the harassed employee is retaliated against for refusing the once welcomed sexual conduct. There are two types of sexual harassment: (1) quid pro quo, meaning "something for something"; and (2) hostile work environment. Typically in
I. Introduction
"I was just kidding and she was laughing too." We are all too familiar with this scenario - a simple joke, gesture, or nudge all in the innocence of fun. But is it simple, innocent or fun? The U.S. Department of Labor estimates that American businesses lose over $1 billion annually in absenteeism, low morale, and employee replacement costs due to sexual harassment. It is even more alarming to note that this figure does not include judgments or settlements in civil court cases. There has been an explosion in sexual harassment civil court cases in recent years. Women are no longer sitting back and "bearing" the sexual harassment. Instead, they are coming forward and reporting the harassment. Employers must now educate themselves and their employees on how to prevent sexual harassment in the work place. This article examines sexual harassment from both the employer's and employee's perspectives.
II. What is Sexual Harassment?
Sexual harassment is defined as the unwelcomed verbal or physical conduct or communication of a sexual nature, including sexual advances and requests for sexual favors. The harassment however does not necessarily always have to include sexual overtones, for example, intimidation and sexual hostility towards women because of their sex is a form of sexual harassment. Sexual harassment typically involves more than one isolated incident of unwelcomed conduct or communication. To prove that the harassment was "unwelcomed", the employee must show that she did not solicit or invite the sexual harassment and that the harassment was offensive or undesirable to her. Sexual conduct which was initially welcomed may still be actionable in situations where the harassed employee is retaliated against for refusing the once welcomed sexual conduct. There are two types of sexual harassment: (1) quid pro quo, meaning "something for something"; and (2) hostile work environment. Typically in