Sexual Harassment

Sexual Harassment

HRM320: Employment Law

Sexual Harassment

Legal Definition of Sexual Harassment

Sexual harassment is legally defined as “[u]nwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment. This type of harassment does not necessarily cause economic suffering or threats/acts of firing” (U.S. Equal Employment Opportunity Commission, 2002).

Sexual harassment is not limited to men harassing women; women can be the harassers as well, and the victim is not always of the opposite sex. The harasser, whose conduct must be unwelcomed by the victim, can be a co-worker, supervisor, an agent of the employer, or even a customer.

Sexual Harassment vs. Gender Discrimination

Sexual harassment is a form of gender discrimination. Gender discrimination at work occurs whenever an individual is treated differently on account of their gender and may affect anything from hiring decisions to promotions. This usually refers to discrimination by management in personnel decisions based on an employee’s sex. Sex (gender) discrimination can result in:

* Disparities in women’s and men’s earnings for equal work

* Significant overrepresentation of men in leadership positions

* Limited occupational choices for women and men

* Pay inequity

Definition and Example of Quid Pro Quo ("vicarious liability") Sexual Harassment

Quid pro quo is a Latin term meaning “this for that” or “something for something”. It refers to an exchange. In the workplace the exchange is between employees, where one provides sexual favors in exchange for something else, such as favorable treatment in work assignments, pay, performance expectations, or promotion. Quid...