Orange County Sexual Harassment Attorney
Sexual Harassment
Sexual harassment is a unique form of sex discrimination. It is broadly defined as any harassment or unwelcome attention of a sexual nature. Sexual harassment includes a variety of behavior. Anything from mild transgressions, like lewd comments, to serious abuses, such as forced sexual activity, can be considered sexual harassment. In any case, sexual harassment is a form of abuse, both sexual and psychological, as well as a form of bullying. In recent years, businesses have focused on preventing sexual harassment from occurring at all and defending their employees from the charges once they occur.
The United States Equal Employment Opportunity Commission (EEOC) reports that there are roughly 15,000 sexual harassment cases filed with them every year. Various surveys conducted by the government and the media estimate that between 40 and 60 percent of women in the workplace have been subjected to some form of sexual harassment. While the majority of cases are filed by women, men are not immune from sexual harassment. In recent years, the number of complaints filed by men has increased. In 2004, 15% of all claims that were filed with the EEOC were filed by men. 11% of the same cases were filed by men against their female supervisors. It is not difficult to see that this problem affects both men and women. It can cause health problems, financial problems, and stress.
A person's harasser can be anyone with whom the victim has contact in the workplace: a supervisor, a client, a co-worker, etc. The victim does not have to be the person at whom the comments or actions are directed either. The victim is anyone who finds a certain behavior offensive and is then affected by it in some way. Also, even though adverse effects on the victim are common, they do not have to be present for a behavior to be unlawful. The harasser does not need to be of the opposite sex. He or she can also be completely unaware that their behavior is offensive or can be considered sexual harassment.
The Supreme Court of the United States recognizes two basic types of sexual harassment: hostile environment and quid pro quo. Hostile environment sexual harassment involves gender-based unwelcome conduct of supervisors, customers, vendors, or anyone else in the office. These possible behaviors include unfulfilled threats to impose a sexual quid pro quo, unnecessary touching, displaying sexually suggestive pictures, using demeaning or inappropriate terms, using indecent gestures, or using crude and offensive language. Quid Pro Quo sexual harassment is also known as "This for That" sexual harassment. In this category,, there is a tangible employment action as a result of the harassment. For example, a supervisor that tells a subordinate that he or she must be sexually cooperative or will be fired. For this to be quid pro quo harassment, the supervisor must follow through with the threat.
The majority of protections from sexual harassment stem from the gender discrimination prohibition from Title VII of the Civil Rights Act of 1964. Title VII applies because sexual harassment is seen as a type of gender discrimination. Despite this, the majority of protections against sexual harassment have come from various court cases. The first case that was seen as a clear victory against sexual harassment was in 1986. While there were earlier cases, the 1986 case was the first case that clearly defined inappropriate workplace behavior as "sexual harassment" and granted the victim damages.
This page was created to give a basic outline of what sexual harassment is. It does not cover every facet of the offense and is not intended to do so. For more information on sexual harassment or to discuss your case, contact Orange County Employment Attorney Perry Smith.