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Sexual Harassment at the Workplace (1)

Sexual Harassment at Workplace

Sexual harassment at workplace is defined as a physical sexual nature which without any reason effects the performance of the employee and create an offensive environment too at the workplace. Sexual harassment can differ from persistent sexual jokes, touching someone by breaking the comfortable zone or posting some sexual content on the bulletin board. Both state and federal law protect the employees from sexual harassment at the workplace.

Under Title VII sexual harassment has been recognized of two types:

 

Quid Pro Quo

Under this type of harassment, a person-in-charge, demands the subordinates tolerate such sexual harassment by giving them a condition of keeping the job, including all the promotions and raises. Any single instance can relate to quid pro quo.

 

Hostile Work Environment

Under this type of harassment, a person grounds for any legal action within the conduct of any physical abuse, based on sex, or any serious environment creation at the workplace. Courts can determine the hostile work environment valid due to following reasons:

  • Was the conduct verbal, physical or both
  • Frequency of the conduct
  • Was the harasser was co-worker or supervisor
  • Did others join in the harassment

 

Employer Liability

Employers having more than 15 employees are subject to Title VII. For the companies with the number less than 15, state law governs enact such law covering circumstances. If either of the two types of harassment can be proven, liability may depend on as to who committed the harassment superior or the co-worker.

  • If the harassment is done by the superior then employer is liable for such kind of harassment and further actions can be taken into consideration and that can result in firing, demotion and many more such activities.
  • If the harassment is done by the co-worker then employer is responsible if it was in his knowledge or it should have been in his knowledge, except the employer took some immediate action to correct the harassment.

 

Strategies To Stop The Harassment

With all the overhead legal standards for sexual harassment, the victim also suffers a lot and tries to end it somehow. There are different ways to stop such harassment at workplace. This can include:

  • At very first one should try to end the harassment and if that doesn’t work have a look at the employee manual and see what policies have been given by the company to take the complaint to a level.
  • One should try to document everything. This will help to strengthen the case.
  • Complain within the company as it should be in the knowledge of the company and one has to follow the guidelines.
  • Write down each and every instance of the harassment.
  • Date, place and even people involved, every minute details should be added in the writing.
  • Before filing any complaint, make sure to keep a copy of the file as the temperament of a file is a very common practice.

 

If there is no stopping of harassment after trying it on to the personal level, immediately escalate the complaint to a higher level. And if it is again unattended in that case, keep on escalating the complaint to the high chain of command.

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