Sexual harassment

As a society, where do we draw the line between acceptable behavior and unlawful harassment?

Sexual harassment is a form of unlawful sex discrimination that violates Title VII of the Civil Rights Act of 1964. In the United States, the Civil Rights Act of 1964 prohibits employment discrimination based on race, sex, color, national origin or religion. The prohibition of sex discrimination covers both females and males, but the origin of the law was to protect women in the workplace and that is its main emphasis today.

There are many definitions of sexual harassment. Under federal law in the United States, sexual harassment is unwanted verbal or physical behavior of a sexual nature that occurs in the workplace or in an educational establishment under certain conditions. Such behavior is illegal if it creates an environment that is hostile or intimidating; if it interferes with a person’s work or school performance, or if acceptance of the harasser’s behavior is made a condition of employment or academic achievement.

Perceptions differ about what behaviors constitute sexual harassment. Typical examples of sexual harassment include sexually oriented gestures, jokes that are unwelcome; repeated and unwanted sexual advances, touching or other bodily contact. Sexual harassment can occur when one has power over another and uses it to coerce the person to accept unwanted sexual attention.

There are two different types of sexual harassment claims: If a supervisor forces an employee to have sex by threatening their employment status (Quid Pro Quo) that is sexual harassment. This criminal act can also occur among peers, if co-workers repeatedly tell sexual jokes, post pornographic photos, emails etc (Hostile Work Environment). It is also important to understand that both men and women can be harassers or victims of sexual harassment. However, research indicates that women are more likely to be victims.

Sexual harassment may harm the victim emotionally, mentally and even physically. It can also create a climate of fear, tension and distrust in either a work or school. Whether something is sexual harassment depends most on how the person being harassed is affected. It does not matter what the harasser intended. If you are a target, you may fear taking action, or you may feel that people won’t believe you or will blame you. One of the difficulties in understanding sexual harassment is that it involves a range of behavior, and is often difficult for the victim to describe to themselves, and to others, exactly what they experienced. Moreover, behavior and motives vary between individual harassers.

Remember, sexual harassment is not your fault, SPEAK OUT to put an end to it. It is usually helpful for the victim to directly inform the harasser that the conduct is unwelcome and must stop. The victim should use any employer complaint mechanism or grievance system available. Prevention is the best tool to eliminate sexual harassment in the workplace. Employers should take necessary steps to prevent sexual harassment from occurring. They should clearly communicate to employees that sexual harassment will not be tolerated.