What Is Considered Sexual Harassment In The Workplace?

You Have Rights As A Worker. I Will Help Protect Them.
Denis ZilberbergJuly 6, 2018Sexual Harassment

Many people go through it. It can be scary. People fear losing their job the most and possible ridiculed. Sexual harassment in the workplace is far too prevalent. The EEOC definition is “unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.” Many may not even realize that sexual harassment has been committed. Anyone can be a victim. The harassment does not have to be sexual in nature, it could be offensive comments targeted toward a person’s gender. For example, if someone makes a joke about women being bad drivers then that would be considered sexual harassment. One of the main types of sexual harassment is making the victim feel they are in a hostile work environment.

Hostile Work Environment

A hostile work environment is one of the most prevalent forms of sexual harassment. Any employee within the workplace can make someone feel like their in a hostile work environment. It is recognized when the harasser brings unwelcome conduct, making the person who is getting harassed feel uncomfortable which could be seen as intimidating, hostile, or offensive. It doesn’t have to necessarily be a threat to the victim’s employment. It also doesn’t have to be targeted to a specific individual. For example, if someone in the workplace posts something on the office bulletin board that others find offensive, it is considered as making a hostile work environment. As mentioned previously, a hostile work environment comes from unwelcome conduct but as well as harassment based on sex, severe or pervasive harassment, and harassment that is offensive to a reasonable person.

Unwelcome conduct

If one employee performs conduct to another employee that they find unwelcome then it is considered unwelcome conduct under the frame of a hostile work environment. Even if the victim goes along with the conduct then it is still considered as grounds for sexual harassment. It’s important to remember that the victim must challenge the unwelcome conduct to prove it was sexual harassment.

Based Upon Sex

This includes any harassment that is based on gender. This is the stereotypical and common occurrence when an employee tries to make sexual advances toward another coworker. It is essential to know that, however, this conduct does not have to be direct or blatantly sexual in nature. If a male employee purposely hides the stapler from a female employee then that is considered sexual harassment based upon sex creating a hostile work environment.

Severe or Pervasive

This is behavior that is deemed severe or pervasive to the point where it creates an abusive work environment. It is often sexual harassment that has been repeatedly happening in the workplace. It also includes more flagrant actions such as physical assault.

Offensive to a Reasonable Person

When sexual harassment is unwelcome and offensive it is called the “subject standard”. It also must be objectively offensive meaning it would reasonably offend some in the victims’ shoes. This type of sexual harassment is taken into context. For example, if a coworker talks about the victims’ sexual orientation, the information they may want to keep private, then it is considered sexual harassment.

Too many employees fall victim to sexual harassment in the workplace and many often suffer in silence. Matthew A. Kaufman who is Los Angeles sexual harassment attorney has been dealing with cases like yours since 1993. Contact the Los Angeles Employment Attorney at The Kaufman Law Firm for an initial consultation using this contact form. Or you can give us a call at our local number 310-981-3404.



Share On:

Have You Been Wrongfully

Contact the Westlake Village Employment Attorney at The Kaufman Law Firm For an Initial Consultation

Your job is more than just a source of income. It is a major part of your lifestyle. If you have been the victim of wrongful termination, wrongful demotion or any kind of discriminatory business practices, it is time to take action and contact a Ventura employment law attorney that can help. Attorney Matthew A. Kaufman and the team at The Kaufman Law Firm bring experience and a vast arsenal of legal resources to help clients recover the money they deserve.

To learn more, contact our Westlake Village or Los Angeles law office today and schedule an initial consultation to discuss your case.

Contact us to protect your workplace rights