Types Of Sexual Harrassment
Q: Types Of Sexual Harrassment
A: as something of a public service the following is a general summary of the law regarding Sexual Harassment in the Workplace. I'm no lawyer so consider this a rough guide. Consult your local attorney for specifics. The law recognizes two types of sexual harassment in the workplace. "Quid Pro Quo" and "Hostile Work Environment." "Quid Pro Quo" (literally "this for that") harassment occurs when, as a condition of hiring, continued employment, or other consideration with regard to employment, i.e. raise, promotion, performance review etc. is made a matter of the victim's providing sexual favors to the harasser. This type of harassment is considered to be straightforward and usually, though not always, involved a superior-subordinate relationship. It also usually but not always involves a single harasser, though often with multiple victims. "Hostile Work Environment" is considered to be more prevalent in the workplace than "Quid Pro Quo." It's definition is also more difficult and, hence, this type of harassment is more difficult to determine. In general terms, it involves behaviors related to sexual matters by one or more persons which create a threatening and oppressive atmosphere and interfere with the victim's ability to perform his or her job. These behaviors may or may not involve or be directed at the victim. They may include, among other things, conversation about sexual matters, sexual activites, books, pictures, films, physical acts, certain types of clothing etc. The general process of investigation is to ascertain exactly what incidents occured and then apply the litmus test: would any normal person reasonably find these behaviors threatening or oppressive? Other coworkers, or witnesses may be called to solicit their opinions of the actions. Please note: the fact that the victim finds activities hostile is not the criterion used to make the determination. Think about it. A strict puritan working with non religious people in a work environment might find certain types of their normal clothing to be sexually provocative and, hence, threatening. If the courts ruled solely on the basis of that person's opinion, they would impose a dress code on, and limit the freedom of people who did not ascribe to the puritan's religion. The court would probably rule that the puritan's view did not represent what a normal person in that work situation would reasonably find threatening. They would probably rule that a Hostile Work Environment did not exist. It is not the intent of Harassment law to end workers ability to form sexual and romatic liaisons at work. Flirting is a recognized and protected activity. The law merely seeks provide protection to those