Sexual Harassment

You Never Have to Tolerate Any Form of Sexual Harassment

Sexual Harassment happens when an employer directs negative, inappropriate, or unwanted conduct towards an employee because of their sex. There are two common types of sexual harassment: Quid Pro Quo and Hostile Work Environment.

Quid Pro Quo is just a fancy sounding Latin way of saying “this for that.”  This is the most blatant type of sexual harassment and is commonly used as a trope in movies.  This type of sexual harassment occurs when your employer either offers you a job benefit in exchange for a sexual favor or threatens an adverse employment action if the sexual demand isn’t met.  

In other words:

• “if you [sexual favor] with me, I will give you the [job related whatever] you want,” or 
• “if you don’t [sexual favor] with me, then I will [make your work life awful somehow.]”

Hostile Work Environment Sexual Harassment happens when the conduct in the workplace is so severe or pervasive that an abusive work environment is created, and does NOT need to be motivated by sexual desire.  HWE sexual harassment may not sound as sophisticated (simply because it isn’t Latin), but it’s actually much more nuanced than QPQ, and occurs more often.  HWE sexual harassment may start off seemingly harmless… until it’s not. 

The key thing about HWE sexual harassment is that the conduct experienced (either personally or witnessed) must be objectively hostile or abusive to a reasonable person, and subjectively offends, humiliates, or distresses the victim.  

A law school professor of mine once explained it like this: if you worked in pornography, it would not be strange to see pictures of naked humans hung up in the offices – and you would likely expect it knowing that nudity is the commodity in pornography.  However, if you work at an insurance company, you wouldn’t expect to see nudity openly displayed.  Noods, maybe, but not nudes.

You also have to have damages.  “Damages” is lawyer speak for suffering – emotionally, physically, or economically.  If your boss makes a sexual innuendo, but you think it’s funny and you weren’t offended, then you don’t have a case.  If, however, your boss’s comment rings in your ear and you can’t get it out of your brain or you suddenly feel awkward or uncomfortable in the workplace: those are damages.  You are entitled to a workplace free from harassment. 

Let’s take the insurance company example again.  Perhaps everyone in the office has no problem with the nude pictures in your boss’s office… except you.  The pictures make you feel uncomfortable and you don’t want to have meetings with your boss because it feels awkward to go over spread sheets in there.  Do you still have a case?  

Yes. Why?  Because even though everyone in your workplace doesn’t take issue with nude imagery, a reasonable person would objectively feel uncomfortable under those circumstances and you subjectively experience distress while at work. 

I’m here to help you.

If you believe you’ve been a victim of sexual harassment at work, I want to help you. Please click the button below to reach me. Our first conversation is free of charge.