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All too often, an employee questions whether certain actions or words constitute sexual harassment. Sexual harassment is a form of sex discrimination that violates the Civil Rights Act of 1964. It exists in two forms:
• “Quid pro quo” harassment occurs when an employee’s superior bases an employment decision on the employee’s submission to or rejection of sexual conduct. For example, if an employee’s boss demands sexual favors in exchange for the employee’s promotion or threatens to fire an employee who refuses sexual advances, sexual harassment has occurred. Only a person with supervisory authority can perpetrate quid pro quo harassment.
• Hostile environment harassment occurs when sexual conduct is so severe that it creates an intimidating, hostile, or offensive work environment. Harassing behavior may include: unwelcome sexual advances, sexual jokes, comments about a person’s body, or inappropriate touching. The conduct must be: (1) subjectively offensive to the victim and (2) objectively offensive to a reasonable person. Hostile environment harassment may be perpetrated by an employee’s superior and/or co-worker.
Men and women can be both victims and harassers, and harassment may occur in same sex situations. Further, anyone offended by the sexual conduct may be a victim; the victim need not be the person actually targeted.
If you believe you may have been the victim of sexual harassment and you would like to speak to an employment attorney, contact the employment lawyers at Clouse Dunn Khoshbin LLP at info@cdklawyers.com.
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