The Basics of Sexual Harassment

By Joseph Devine -

Sexual harassment is a legal term which is defined as the unwanted, unwelcome sexual advances of another person. While sexual harassment is never acceptable, it becomes an even larger problem when it occurs in the workplace or at school, and in those environments are the only places laws cover. There are many situations in which sexual harassment can occur, but the following are the most commonly reported.

Facts About Sexual Harassment

The victim does not have to be the opposite sex of the aggressor. Same-sex sexual harassment complaints are receiving more and more attention nationwide. Same-sex harassment is accepted as a valid and punishable form of harassment in the workplace.

A common misconception is that the harasser is typically the supervisor or in some way superior to the harassed. Anyone can be harassed by anyone else that they work with, regardless of their situation or station at the place of employment.The harassment must be unwelcome. A prior relationship between the aggressor and the harassed should not have taken place, or the validity of the claim may be questionable.

The victim is not necessarily the one who was harassed but could, in fact, be anyone who was affected in a negative way. Another office worker who was offended by the conduct or comments of his or her co-workers could in fact file charges against and receive restitution from their company and co-workers.

Two Legally Recognized Forms of Sexual Harassment

There are two legally recognized forms of sexual harassment, quid pro quo and hostile environment sexual harassment.

The most common is Quid Pro Quo, which roughly translated from the Latin means “something for something.” This type of harassment occurs when a persons’ acceptance or rejection of the sexual advances of another individual determines the victim’s economic advancement or job advancement. In proving this type of sexual harassment, the victim needs to demonstrate that there was a threat of economic loss due to the harassment. Putting employees in that situation not only affects those involved with the harassment, but also affects overall job morale and productivity.

Hostile environment sexual harassment happens when unwelcome sexual conduct occurs in the workplace and makes the work environment hostile and demanding. The workplace may involve sexual graffiti, repeated sexual advances or offensive language. While this type of harassment may not result in a tangible loss of job or promotion, the environment of working under this type of sexual harassment has serious implications for the employees’ mental health.

If you have been sexually harassed and would like more information concerning this crime, contact [http://www.orangecountyemployment.com/]http://www.orangecountyemployment.com for more information and to have all of your questions answered.

Joseph Devine

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