Sexual Harassment

Sexual Harassment Defined?

1.    Sexual harassment is an illegal action which refers to intimidation, bullying, or coercion of a sexual nature.

2.    Sexual harassment can be defined as many actions; the form of discrimination or illegal action also encompasses any unwelcoming or inappropriate interaction (with a sexual undertone) or promise of rewards in exchange for a sexual act.
3.    The act of sexual harassment includes a wide range of behavioral factors from seemingly mild or harmless transgressions and annoyances to physical sexual abuse or assault. The most prevalent arena for sexual harassment takes place in work environments.
4.    Sexual harassment in the workplace, a common form of illegal employment discrimination and is labeled as a form of sexual and psychological abuse.
5.    In addition to legal consequences, sexual harassment carries severe emotional after effects for the victim. As a result of these negative effects, many businesses have developed programs and training courses to prevent sexual harassment from occurring in the workplace. Not only does the act impede individuals from fulfilling their job functions, but sexual harassment also segregates victims and augments feelings of dismay, loneliness, and insecurity.

Types of Sexual Harassments
1.    Quid Pro Quo- A form of sexual harassment where the harasser pleads for sexual favors in exchange for benefits associated with their position within an organization. This form of sexual harassment typically arises in a work environment where theaggressor propositions an employee for sexual favors in exchange for favorable reports, recommendations, credentials, promotions, job security, or any performance-based opportunity.
2.    One-of-the-gang Harassment- This form of sexual harassment occurs when a group makes lewd comments or offers unwanted sexual attention to an individual.
3.    Bully- The harasser, in this form of sexual harassment, will use physical threats to frighten an individual into performing a sexual act.

Laws against Sexual Harassment
1.    The Civil Rights Act of 1964 directly prohibits employment discrimination based on sex, race, color, national origin or religion.
2.    Victims of sexual harassment have a number of legal options including: mediation and direct litigation in the form of a personal suit.
3.    Victims of sexual harassment must file a claim in accordance with the particular state’s (where the discrimination took place) Fair Employment Practices statute.
4.    In accordance with the statute of limitations, the individual will also file a common law tort, which will initiate a financial reimbursement or legal action against the party who partook in the discriminatory action.
5.    The settlements and cases tied into sexual harassment are widely based on circumstance, the amount of evidence offered, and the particular state’s interpretation for what qualifies as sexual harassment. That being said, any instance where an individual is exploited or treated in an unjust or unwanted sexual manner can legally take action against the aggressor or violating party.