There are two types of sexual harassment that are generally recognized by our legal system. The type of sexual harassment that most people think that the term comes to mind is called Hostile environment sexual harassment, in which a person is sexually abused in their workplace for one or more co-workers or employers. Hostile environment sexual harassment includes situations such as the use of degrading or vulgar language, requests for sexual favors or references to sexuality in an inappropriate context. The second type of sexual harassment is legally recognized Quid Pro Quo sexual harassment, a situation that takes advantage of a person’s sexuality against them in any way affect their employment.
DEFINITION OF SEXUAL HARASSMENT HOSTILE ENVIRONMENT
Hostile environment sexual harassment is the type of sexual harassment that many people tend to know more about because it has been widely discussed by the media. This type of sexual harassment also tends to be outdoors in the workplace is quid pro quo sexual harassment which is another reason that people in the general public are more aware of it. Hostile environment sexual harassment is the type of sexual harassment that occurs when an individual or group in the workplace is openly vulgar or make sexual comments about employees.
There are many different types of behavior that could be part of the sexual hostile environment. Such behavior includes such things as the use of offensive language, demeaning or derogatory in the workplace inappropriate touching co-workers, or refer to their own sexuality or coworker. Hostile environment sexual harassment may also include more hostile acts, such as the presentation of obscene materials in a workspace, or even making lewd comments and requesting sexual favors.
EMPLOYERS ARE RESPONSIBLE FOR SEXUAL HARASSMENT HOSTILE ENVIRONMENT?
Employers can be held liable for hostile environment sexual if two conditions are met. One is that the employer must have known (or should have known) about the harassment taking place. This means that if the employer witnesses or was told about the behavior, he or she must have known enough. If the company has no policy against sexual harassment or harassment took place against a number of persons, the employer should have known about the potential of this harassment. Other criteria must be met to maintain an employer responsible for this type of sexual harassment is that the employer must have made reasonable efforts to end sexual harassment.
EMPLOYERS AND SEXUAL harassment quid pro quo
Of course, there are times where the employer is actually the perpetration of sexual harassment. This is the most common in Quid Pro Quo sexual harassment is defined as a situation where employment is based on sexual behavior. For example, when a boss tells an employee that he or she risks the loss of employment if he or she will not perform sexual favors, that is Quid Pro Quo sexual harassment. Other features of this type of sexual harassment include demotion or lack of opportunities for promotion as a direct result of threats made about sexual favors or indirectly from the beliefs about sexual practices of an employee. Similarly, the loss of economic benefits or wages in relation to an employee’s willingness or unwillingness to participate in sexual behavior at work is a kind of quid pro quo sexual harassment.
Because employers usually directly involved in the sexual harassment of this kind, the employer is responsible for it more easily than in the case of hostile environment sexual. Any responsible person can be held liable for quid pro quo sexual harassment, even if the employee agrees in principle with the behavior.
LAW ON PREVENTION OF SEXUAL HARASSMENT
Although the conclusion of the real employer responsible for his actions in the case of the two types of sexual harassment can sometimes be difficult, there are a number of laws to outlaw sexual harassment. Some of these refer specifically to sexual harassment absolute of the kind described above. For example, Title VII of the Civil Rights Act of 1964 makes unwanted sexual harassment and behavior related to unlawful for employers with more than fifteen employees, including all government agencies. Executive Order 11375 and 11246 of the act, which was created in 1965 by President Johnson, that sex discrimination illegal and provide a basis for affirmative action for women.
Legislation such as this also may be related to the establishment of equal rights in the workplace and in education. For example, Title IX specifically prohibits sexual discrimination in educational institutions. the equal pay laws, ensure that men and women receive equal pay for equal work with few exceptions. This type of legislation that helps balance the workplace which in turn helps to reduce problems of sexual harassment. This is because when people see each other as equals, are less likely to accept abuse of themselves and others.
SEXUAL HARASSMENT IN THE REAL WORLD
But how they perform in the real world? Let’s look at an example. You are in your workplace when they approach a female colleague and asks his advice on a problem of sexual harassment that she is having with his supervisor. Overloading supervisor of other workers, making derogatory remarks to her and since then, she believes that the supervisor has been hinting that she will not get an increase if it does not comply with sexual demands. She wants to know what to do.
First, I would like to advise you on the two different types of sexual harassment. Derogatory comments by the fall of other colleagues in the category of sexual harassment Hostile Environment. Because the supervisor heard the comments and do something about it, can be held accountable. The real advantage of the rise by the supervisor enters Quid Pro Quo sexual harassment and the supervisor may be directly responsible for that too.
After explaining these two types of sexual harassment of a colleague should report specific laws referred to have all the information you need to make a claim against the supervisor of the two types of harassment. You should also check if it is part of a union because it can affect the truth, and the limitations of their employment and how to handle conflicts with supervisors in general. No matter how your co-worker is going to continue, you must tell him to document everything that has happened and to get the witnesses, even if it is possible to have strong evidence to support it. This will help stem the problem of sexual harassment in the workplace, a problem that affects everyone.