U.S. Supreme Court Defines The Types Of Sexual Harassment
The U.S. Supreme Court has simplified matters somewhat by explaining that there are two basic types of unlawful sexual harassment.
1. The first type involves sexual harassment that results in a tangible employment action. An example would be a supervisor who tells a subordinate that he or she must be sexually cooperative with the supervisor or he or she will be fired, and who then indeed does fire the subordinate for not submitting. This instance of sexual harassment always involves another violation of
employee rights; wrongful termination.
The imposition of this crude "put out or get out” bargain is often referred to as
quid pro quo ("this for that"). This kind of unlawful sexual harassment can be committed only by someone who can make or effectively influence employment actions (such as firing, demotion, and denial of promotion) that will affect the victimized employee.
2. A second type of unlawful sexual harassment is referred to as hostile environment. Unlike a quid pro quo, which only a supervisor can impose, a hostile environment can result from the gender-based unwelcomed conduct of supervisors, co-workers, customers, vendors, or anyone else with whom the victimized employee Interacts on the job. The behaviors that have contributed to a hostile environment have included:
- Unfulfilled threats to impose a sexual quid pro quo
- discussing sexual activities
- telling off-color jokes
- Unnecessary touching
- Commenting on physical attributes
- Displaying sexually suggestive pictures
- Using demeaning or inappropriate terms, such as "Babe"
- Using indecent gestures
- Sabotaging the victim’s work
- Engaging in hostile physical conduct
- Granting job favors to those who participate in consensual sexual activity
- Using crude and offensive language
If you have been victim to any type of sexual harassment at work whocanisue.com can find you an
employment attorney to fight your case and protect your rights.