Sexual harassment can take place anytime with anyone and can occur in different forms. Most women make the complaints, but men can also be a victim of this crime. Sexual harassment can occur in various circumstances, but it is most common in the workplace.
Also, in most cases, the harasser is in higher authority or position than the victim. The Equal Employment Act state that the harasser can be the victim’s boss, co-worker, supervisor, or an employee agent. If you are involved in such a situation, contact Austin sexual harassment lawyer.
Understanding sexual harassment laws in a workplace
Courts have mentioned different types of sexual harassment cases in the workplace. In “quid pro quo” cases, the boss conditions employment benefits on sexual favors. In such hostile work environment cases, workers work in abusive or offensive circumstances.
- Quid Pro Quo harassment means someone will do something to achieve something, or “you will do something, and I will do something for you.”
- Taking an example, the employer will promise a female employee to give them a raise or promotion if she goes out on a date or sleeps with him.
- It may involve benefits or threats in a swap for compliance.
- Hostile environment sexual harassment occurs when a worker is subjected to a sexualized environment.
- Quid pro quo harassment is lawful, and it does not matter whether the victim opposes or suffers the threatened harm.
- Comments, obscenities, and jokes about offensive sexual materials, sexual nature, and viewing pornographic material can create a hostile and abusive work environment.
- Employers, managers, co-workers, and even employees or customers can be liable for creating a hostile environment.
- The law will not assume a single incident as an offensive work environment unless it is extremely obvious and outrageous conduct.
If you or someone you know is a victim of workplace sexual harassment, it is best and help to inform the harasser that the action is unwelcome directly. The harasser must stop their action or conduct. The victim can also use the employer complaint grievance or mechanism system available.
The Civil Rights Act of 1964 states that it is illegal for employers to approach someone sexually or harass at work regardless of sex or sexual orientation.
Retaliation is also illegal. The employer or the harasser cannot retaliate against the victim for reporting sexual harassment or participating in a legal action or investigation of sexual harassment. Examples of retaliation mean firing or demoting someone, cutting their pay, reducing an hourly wage, shifting to a different location or position, or asking to take leave without pay.