But was it Sexual Harassment? Pleading Ignorance takes a look…

October 29th, 2010. By Kristine B

If you’ve read the news lately, you more than likely read that Clarence Thomas and Anita Hill are back at it again. If you’re like me, you may have wondered if we hadn’t somehow gone into some time warp, circa 1991. Well, as one could predict, it was the old “he did it,” “she lied” debate. That debate won’t be tackled—or resolved—here at Pleading Ignorance—heck, I hardly have access to the pertinent information—but what we can discuss is what sexual harassment actually is—and is not.

“Hey babe, nice skirt…”

So is a remark like that sexual harassment—or not? Let’s see… 

Sexual harassment involves unwelcome sexual advances, requests for sexual favors and other conduct (either physical or verbal) that is of a sexual nature. These activities become sexual harassment when the recipient’s submission to or rejection of the conduct affects his or her employment, interferes with work performance or creates an intimidating or hostile work environment. 

The person being harassed does not necessarily have to fear the loss of a job for the situation to be deemed sexual harassment. Sexual harassment can involve promises of promotions or more favorable working conditions or, if the conduct is rejected, demotions or hostile work conditions. 

Sexual harassment does not have to involve parties of the opposite sex. Furthermore, although the harasser can be the employee’s supervisor, the harassment can also involve supervisors in other areas of a company, co-workers or non-employees.

For conduct to be considered sexual harassment, the conduct must be unwelcome. If possible, the victim should inform the harasser that the conduct is unwelcome and that it must stop. This is not always possible, however, if the harasser is in a position of power and the victim fears retribution of some sort. If there are means to file complaints within the company, the victim should attempt to do so.

There are two types of sexual harassment. The first is known as “quid pro quo” (meaning “this for that”). In quid pro quo sexual harassment, the harassment results in an employment action. For example, a supervisor who tells an employee that she will be fired for not being sexually cooperative is “quid pro quo” harassment. For harassment to be considered quid pro quo, the harasser must be in a position to influence employment actions. 

The second type of sexual harassment is hostile environment harassment. In this situation, the harasser does not have to be a supervisor; anyone can create a hostile work environment. This includes discussing sexual activities, telling sexual jokes, unwelcome touching, indecent gestures and using crude or offensive language. A hostile work environment is created when the environment is abusive to the persons affected and when a reasonable person would find the situation abusive. 

Isolated incidents do not necessarily constitute sexual harassment. For example, a coworker asking a colleague out on a date is not necessarily sexual harassment. Furthermore, there is a difference between childish behavior and sexual harassment. Sometimes, that difference can be hard to tell.

Tags: Pleading Ignorance, Sexual Harassment

This was posted on Friday, October 29th, 2010 at 2:37 pm and is filed under Emerging Issues, Employment . Feel free to respond, or trackback. Read our comments policy.