Identifying Sexual Harassment in the Workplace
Sexual harassment in the workplace occurs in every city across the United States as well as other countries. While women are most often the victims of sexual harassment, men can be targets as well. Anyone of any gender, race, sexual preference, or ethnicity can be sexually harassed at their place of employment whether in an office environment, the hospitality industry, a manufacturing facility, or even when working remotely.
Identifying sexual harassment that gives rise to a federal claim can be difficult as there are other types of harassment that are inappropriate and may be confused with sexual harassment. Those in Georgia who are uncertain about what is considered sexual harassment may want to consider visiting with Hall & Lampros, LLP at (404) 876-8100. Here is an example of a sexual harassment lawsuit handled by Hall & Lampros resulting in a recovery of over $1 million. This is just one of the many successful sexual harassment cases handled by Hall & Lampros lawyers.
Sexual Harassment and Inappropriate Conduct
Federal law, 29 CFR § 1604.11, defines sexual harassment as:
(a) Harassment on the basis of sex is a violation of section 703 of title VII. 1 Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.
According to the United States Equal Employment Opportunity Commission (EEOC), sexual harassment includes offensive comments about an individual’s sex and is not always of a sexual nature. Someone who makes derisive comments regarding women, men, or the LGBTQ community in general may be guilty of sexual harassment. Types of inappropriate conduct include:
- Inquiring about an employee or co-worker’s sex life
- Sending emails or text messages that are sexually suggestive
- Consistently complimenting an employee or co-worker on their appearance
- Jokes that are sexual in nature
- Unwanted touching, hugs, or other physical contact that occurs repeatedly
- Circulating sexual rumors regarding a co-worker or employee
- Leaving gifts of a romantic or sexual nature that are unwanted
- Circulating photos of a sexual nature in the workplace (shirtless men, nude or scantily dressed women)
- Commenting on one’s sex life in the presence of a co-worker or employee
- Sending sexually suggestive notes or letters
- Whistling or staring in a manner that is sexually suggestive
Overt forms of sexual harassment in the workplace still occur such as unwanted touching of private areas and requests for sexual favors, however more subtle forms have been on the increase in recent years.
The Two Types of Sexual Harassment in the Workplace
Title VII of the Civil Rights Act of 1964 outlines two types of sexual harassment that are unlawful in the workplace:
Quid Pro Quo (This for that)
Quid pro quo often involves an employee or subordinate being pressured by their supervisor or boss to engage in sexual acts in exchange for a promotion, time off, as a condition for continued employment, or for hours or a work shift more favorable for the employee. When an employee is forced to endure sexual conduct in order to remain employed, it is unlawful.
Hostile Work Environment
A hostile work environment is often the result of the types of inappropriate conduct outlined above. When an employee’s ability to do their job as they once did is impacted by intentional, pervasive, or recurring conduct such as comments, jokes, emails, or photos that are insulting or sexual in nature, it is considered a hostile work environment. Those who believe they are victims of sexual harassment in the workplace may want to consider reaching out to Hall & Lampros, LLP.
Psychological and Physical Impact of Sexual Harassment at Work
Unfortunately, many people do not take sexual harassment in the workplace seriously in terms of their physical and psychological health. Whether a victim gets relief from the harassment and continues to work or seeks employment elsewhere, the damage to their physical and mental health may include:
Physical issues:
- Weight gain or loss
- Sleep issues
- Headaches
- Gastric problems
- Hypertension (high blood pressure)
- Muscle aches
Psychological issues:
- Trauma
- Stress and anxiety
- Depression
- Post-traumatic stress disorder (PTSD)
- Low self-esteem
- Feelings of guilt or shame
- Low sense of self-worth
Sexual harassment can be devastating not only to a person’s career and reputation, but their overall health. It is important to keep records of details involving sexual harassment in the workplace, to report it to superiors, and take further action when victims get no relief from supervisors or their human resource departments. Victims are often embarrassed or find it difficult to speak out, never reporting the abuse they have endured at their place of employment. This only contributes to the negative health impacts and is toxic to health. Those who are sexually harassed at work should never keep it secret, as it only empowers employers and those who do the harassing to continue participating in unlawful behavior.
Consider Scheduling a Consultation with Hall & Lampros, LLP
Those in Georgia who have experienced sexual harassment in the workplace may be in search of legal guidance and support as well as answers to your questions. The employment lawyers at Hall & Lampros, LLP are available for a consultation at (404) 876-8100.
Chris has successfully represented numerous clients in catastrophic personal injury, employment law matters, class action, consumer protection, business tort, and legislative matters involving multi-million-dollar damages.