Sexual harassment in a workplace can be financially and socially detrimental. If employees face sexual harassment in the workplace, a business can suffer from poor morale, high staff turnover, decreased profits, negative publicity, and a decrease in productivity.
Reputation is everything, but a sexual harassment case can severely put a business and its workforce at risk. Under federal and some state laws, there are 2 different types of sexual harassment that are recognized.
When these happen, victims can recover damages for their loss. Here is all the information you need to know about workplace sexual harassment.
Quid Pro Quo
Quid Pro Quo means “this for that.” This happens when an employee must accept an employer’s sexual advances to get hired or promoted for a job.
For example, a supervisor can tell you that you will most likely get a promotion and higher salary if you agree to go on a romantic date with them. Or the employee may also be aware that they risk getting fired or demoted if they do not engage in sexual behavior.
Quid pro quo harassment is usually perpetrated by someone who is in a higher position of power. This could be your manager or supervisor. This leads to an inappropriate and unsafe work environment where sexual favors are exchanged for benefits.
A Terrifying Experience for Employees
Employees are typically not given a choice because they want to avoid detriment and loss of reputation in a workplace. One of the most common examples is when a supervisor demands to have sex with an employee by threatening to fire them.
It is necessary to understand that going along with sexual conduct does not prevent employees from filing complaints. This gets taken very seriously. Because there is a considerable power imbalance between employers and employees.
For instance, an employee may be forced to engage in sexual acts with their boss if they heavily rely on the job to pay for rent and food. This puts employees in a terrible situation. They maybe cannot risk losing their job by refusing sexual advances from those in more prominent positions.
However, employees still have the basis for filing complaints and are always encouraged to do so. If you have suffered from quid pro quo sexual harassment in a professional environment, check out https://www.kingsleykingsley.com/practice-area/sexual-harassment/quid-pro-quo.
Hostile Environment Sexual Harassment
Hostile environment sexual harassment is when a victim’s job is not dependent on accepting or rejecting someone’s sexual misconduct. Hostile environment sexual harassment can also involve anyone in the workplace. The person does not have to be your supervisor or manager.
They can also be a teammate or a colleague. If a co-worker makes lewd comments or sexual advances in the organization, you may be a victim of hostile environment sexual harassment. This can hurt your ability to do your job well.
Unlike quid pro quo sexual harassment, this type is challenging to recognize. This is because an individual’s behavior or comment may not be severe. Their demeaning behavior may also not be based entirely on sex. A lot of time may have also passed between incidents.
Many people fail to realize that they have been sexually harassed because a lot of times, it can be seen as “banter” or “humorous.” You may have been told that you “cannot take a joke” if something inappropriate offends you.
Someone may have been forced to stay in silence to fit in with their peers, which is what empowers most perpetrators. You should report someone for their behavior, especially if they ask about your sex life or tell vulgar jokes during work.
You may complain about the person’s behavior if they showed you sexually explicit material in the workplace, which is also illegal. If your employer fails to take adequate action to protect employees, they may also be liable for workplace sexual harassment.
All employers must have an effective method of handling these complaints to protect all employees. Otherwise, they are operating a hostile work environment and deserve to be blamed as well.
Any Indirect Harassment
It is not necessary that you need to be a direct victim to file claims against a perpetrator. Even if you are not a direct target of workplace sexual harassment, you can still make a complaint.
For instance, you may be an employee who missed out on a raise or promotion because another worker slept with the boss to gain an unfair advantage. In this case, you still have rights and can charge the perpetrator for sexually harassing employees in exchange for benefits.
When Should You Hire a Lawyer?
If you have ever suffered from any of these two types of sexual harassment in the workplace, the first thing you can do is confront the person responsible. Let them know that you plan to file a formal written complaint with the company because of their unwanted actions.
Your complaint should follow all the guidelines and procedures required by the company. This is to avoid dismissal because of paperwork errors. If your boss does not reply to your complaint the way you need them to, then you should immediately contact a lawyer.
Your lawyer will take over your case and fight for your rights. This is necessary if your employer denies all responsibility or retaliates against you.
Help for Types of Sexual Harassment
Victims of these types of sexual harassment may feel alone because others may side with the perpetrator, especially if they are in a leadership role. Therefore, you should always seek professional support from a law firm to prevent getting taken advantage of by a powerful person in your workplace. Your safety and protection matter significantly and should not be put at risk when you are trying to build a successful career. If you enjoyed reading these workplace tips, check out some of our other posts for more information.
