Human Resources

Human Resources

1.

In a "quid pro quo" sexual harassment event, commonly, the person who performs the act of sexual harassment will be one who is in a position of power, i.e. a supervisor, manager or even a teacher. The victim is usually an individual who feels he or she must perform or respond to a sexual advance in or to gain something in return. It is important to note, here, that the act of sexual advance must be outside of the requirements of the job and it is not necessary for the victim to respond or act upon the request for the sexual harassment offense under "quid pro quo" to apply.

Under "hostile environment", the victim must show a general pattern of conduct by the offender. In many cases, this is the type of sexual harassment that is often under reported as many victims do not prepare well for the documentation of the harassing events. To be classified as sexual harassment, there must be a pattern established and this pattern must lead to deterioration in the work or education setting of the victim. It is important to note, here, that the victim of the "hostile environment" sexual harassment does not, necessarily, have to be an individual who is directly involved. That is to say, if a "bystander", so to speak, is offended the repeated harassment among other individuals, he or she may pursue sexual harassment allegations[1].

In order to prove that the harassment a victim suffered was based on his or her sex, the victim must show that he or she was treated differently because of the victim's sex. When the sexual innuendos or gender-related speech, such as talk of sex in the workplace, crude language, or vulgar gestures, are directed toward an employee or toward the employee's gender in general, this conduct will constitute hostile work environment sexual harassment if it is sufficiently severe or pervasive.

This does not require that the harasser be a different sex than the harassed. Both California courts and the Supreme Court of the United States have found that harassment in the workplace can violate the law against discrimination “because of sex” when the harasser and the harassed are of the same sex.

2.

According to authorities, one thing that might skew data about the prevalence of sexual harassment is the fact that not everyone reports it. Many times in these incidents, including cases of sexual harassment in the workplace, an individual might be afraid to speak out about it in fear of retaliation or might just figure that it is not a big deal.

Everyone, both men and women, are susceptible to sexual harassment. It can also happen anywhere from school to the workplace. When it happens at the workplace, it creates a hostile work environment that a professional is forced to suffer through.

While it might seem like a very elementary notion, identifying the exact definition of sexual harassment is important. To many people, sexual harassment is a very vague term and they might overlook sexual harassment that ...