What is Sexual Harassment?
Sexual harassment is a form of discrimination based on one's sex. Sexual harassment is unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. There are two types of sexual harassment:
- Quid pro quo - "something for something"
- Hostile work environment - unwanted sexual behavior
Unwanted sexual behavior constitutes unwanted sexual advances and touching, sexual comments, including jokes, sexually suggestive material and/or objects. Generally, such behavior must be repeated to constitute a hostile environment.
Generally, for an employer to be liable for sexual harassment, the employer must have actual or constructive knowledge of the harassment, and a failure by the employer to take remedial action to correct it. Additionally, an employer must provide to an employee a reasonable avenue of redress to complain about potential harassment.
Furthermore, a potential plaintiff must not unreasonably fail to utilize such corrective and preventive opportunities provided by the employer. Thus the individual must complain to a person of authority, or follow the proper avenue of redress which was communicated to the potential plaintiff from her employer. It is possible that an avenue of redress which was communicated to the employee may be "unreasonable," whereby an employee may, for example, have to complain to the supervisor who was the individual [the perpetrator] responsible for such employee's harassment. Under such set of facts, the employee would not have a reasonable avenue of redress, and thus the employer may be strictly liable for its negligence in failing to provide what is now required by the applicable civil laws.
In essence, if one believes that she has been sexually harassed, she must complain about it to a supervisor or to an individual in human resources (if such a department exists), and for the employer not to be liable for such alleged harassment, the employer must properly investigate the claim, and attempt to correct it.
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Helpful Web links for Sexual Harassment Issues |
- Civil Rights and Criminal Justice: Primer on Sexual Harassment
This information is from The National Criminal Justice Reference Service (NCJRS) which is one of the most extensive sources of information on criminal and juvenile justice. This article from "Research in Action" examines civil rights laws as they affect the criminal justice community, takes a close look at sexual harassment--a form of sexual discrimination that is in the forefront of the American consciousness.
- What To Do About Sexual Harassment
Another "what to do when you are sexually harassed" article from Stanford University. It covers methods of dealing with sexual harassment.
- ATA Training Services
Providing Sexual Harassment training seminars to groups and individuals.
Employment Law Forum
The Employment Law Forum allows employees and professionals to discuss issues of law covering Civil Rights, the Americans with Disabilities Act, the Family and Medical Leave Act, Sexual Harassment, Age Discrimination, Sex Discrimination, Race Discrimination, OSHA, and the Right to Continued Employment.
Harassmenthelp
A complaint process to document and tell a harasser to stop and not have the complaint go into your personnel file at work OR a means to document and report a harassment claim with the appropriate employer. Either complaint process provides a claim tracking and followup documentation.
HRZone: sexual harassmet
Sexual harassment occurs in the work place when conduct of a sexual nature or other conduct related to gender effects a person's job. Following is a basic explanation of sexual harassment, how American courts look at sexual harassment and what can be done by an organization to avoid sexual harassment claims.
Search Result of U.S. Supreme Court Syllabi
This is a continuosly updated collection of recent United States Supreme Court decisions dealing with sexual harassment
Sexual Assault Information Page
The Sexual Assault Information Page (SAIP) is a not-for-profit information and referral service created and maintained by Chris Bartley. SAIP provides information concerning acquaintance rape, child sexual abuse/assault, incest, rape, ritual abuse, sexual assault, and sexual harassment. Information is provided via the WWW, email, a monthly electronic newsletter, as well as occasional hardcopy mailings for specific requests. All information, including the newsletter, is provided totally free of charge.
Sexual Harassment False Accusations
dedicated to describing false accusations of sexual harassment and the methods of defending them
Stop Sexual Harassment
This page at Texas Tech University is a collection of both internal and outside links to various questions dealing with sexual harassment. The issues include: "Why Don't More People Report Sexual Harassment?" and "What Can Faculty Do to Prevent Misunderstandings?" |
