Employment Law

Sexual Harassment

Sexual Harassment is prohibited by Title VII of the Civil Rights Act of 1964 as a form of sex discrimination.

Unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment.

There are two types of sexual harassment: quid pro quo and hostile work environment. This first one is obvious, it occurs when an employee's acceptance or rejection of the harassment by the supervisor is either an express or implied condition to receive a benefit or avoid a tangible adverse effect on the terms or conditions of the employee's employment. For example, the supervisor says, if you sleep with me, I will give you a promotion. The second one needs proof of several elements required by law.

Sexual harassment can occur in a variety of circumstances, including but not limited to the following:

Ÿ           The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.

Ÿ           Unlawful sexual harassment may occur without economic injury to or discharge of the victim.

Ÿ           The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.

Sexual harassment needs not be tolerated. If you are a victim of sexual harassment at work, Contact us to prevent the unlawful behavior.