Definitions and Types of Sexual Harassment:
Sexual harassment refers to conduct typically experienced as offensive in nature, in which unwanted sexual advances are made in the context of a relationship of unequal power or authority. Sexual harassment is a form of discrimination on the basis of sex.
In a sexual harassment environment, victims are subjected to verbal comments of a sexual nature, non-consensual touching and requests for sexual favors. Perpetrators are often men who are in a superior/supervisory position but women also demonstrate sexually harassing behavior.
Quid Pro Quo: the victim is asked for some form of sexual favors in exchange for a benefit. Power and control are always a factor with quid pro quo harassment. An example would be if a supervisor were to ask an employee to perform a sexual act in order to receive a pay raise, benefits, or a promotion.
Poisoned/Hostile Environment: the victim is forced to put up with conduct of a sexual nature that makes their environment uncomfortable. Examples of this type of conduct would be jokes, comments, e-mails, posters, etc. of a sexual nature.
The LAW is concerned with the impact of the behavior, not the intent of the behavior. In other words, the law is concerned with how the person on the receiving end is affected by the behavior, not with what the other person means by the behavior. Saying, “I didn’t mean anything by it,” is not a defense for this type of behavior. If a person finds it offensive, it is offensive.
Sexual Harassment is a civil matter. If the harassment goes beyond verbal comments or a hostile work environment to non-consensual sexual contact/conduct, then it becomes a sexual assault, which is a criminal matter.
Examples of sexual harassment:
- Sexual remarks
- Leers and stares
- Unwanted touching
- Gestures with the hand and body
- Spreading of sexual rumors
- Using the computer to leave sexually offensive messages or produce sexually graphic pictures
- Comments about one’s clothing
Documentation:
A victim should be encouraged to keep any and all samples of sexually harassing behavior: notes, answering machine messages/voice mail, texts, letters, e-mails, gifts, pictures, etc. The client will want to give this documentation to the attorney they hire to represent their case, or to the Human Resources Department if pursuing any action at work.
How do you know if the behavior if flirting or harassment?
| Flirting is…/Makes you feel…/ Results in… |
Harassment is…/Makes you feel…/ Results in… |
|---|---|
| Good, happy, pretty, flattered, in control | Bad, angry, sad, demeaned, ugly, powerless |
| Positive self-esteem | Negative self-esteem |
| Reciprocal, flattering, and a compliment | One-sided, invading, degrading |
| Wanted, legal, and equality-motivated | Unwanted, illegal, and power-motivated |
