In order to protect your interests as a business owner and employer, it is essential that you be on the lookout for sexual harassment and to quickly reprimand any behavior that begins to blur lines. As an employee, it is equally important that you remain alert - if you feel that you are at risk of being sexually harassed, it is important that you seek help before the problem has a chance to get out of control. In order to help both employers and employees in these endeavors, our Lake of the Ozarks law firm is dedicating this week's blog to identifying sexual harassment in the workplace.
About Sexual Harassment
Sexual harassment occurs in a variety of different situations and takes on several different forms. It is illegal and punishable by law. It is important to recognize that while certain stereotypes abound, sexual harassment is not limited to certain people or certain situations. Women as well as men and younger people as well as older people are equally capable of committing sexual harassment. As a general rule, you can avoid sexual harassment allegations by keeping your workplace devoid of all things of a sexual nature. Even joking conversations have no place in a business setting - someone who is offended by the nature of the joke may be able to press charges even if the joke was originally intended to be innocent.
Types of Sexual Harassment in the Workplace
Specifically, federal law recognizes two primary forms of sexual harassment in the workplace: Hostile Work Environment and Quid Pro Quo.
- A Hostile Work Environment is created when an individual (or group of individuals) are made to feel uncomfortable in their workplace. While it certainly can include actual sexual advances, it does not have to involve anything physical. Hostile Work Environment also refers to sexual and/or offensive jokes, conversations, pictures, or objects.
- Quid Pro Quo describes a "tit for tat" situation wherein decisions regarding hiring, promoting, or firing individuals becomes contingent upon their willingness to perform sexual favors or submit to sexual advances.
Though they are illegal, both of these types of sexual harassment are unfortunately relatively common in today's workplace.
Identifying Sexual Harassment
As we discussed earlier, sexual harassment can take on a variety of different forms. Here are some examples of some of the ways it commonly manifests:
- Using inappropriate terms or pet names to refer to a coworker or employee.
- Giving an unwanted shoulder or neck massage.
- Touching someone inappropriately (brushing up against them, placing a hand on their shoulder/back, etc).
- Discussing sex or sexual acts.
- Kissing, hugging, pinching, or grabbing an employee or coworker.
- Speaking provocatively or insultingly about someone's clothing, weight, or appearance.
- Making inappropriate sexual noises (whistling, cat-calling, etc).
- Requesting sexual favors.
- Inquiring about someone's sexual history.
- Displaying photographs or objects of a sexual nature.
- Threatening to fire someone if they refuse sexual advances.
If you notice any of these signs or behaviors, talk to your supervisor, HR manager, or attorney right away.
Our Law Firm Is Here To Help
If you are involved in a sexual harassment situation, you may require the assistance of an attorney at the Lake of the Ozarks. If you are facing sexual harassment allegations, our legal team can defend you. If you are the victim of sexual harassment or assault, we can help protect your rights and ensure that you receive the compensation you deserve. For more information about our legal services in Mid-Missouri, call Gibbons Law Firm at (573) 348-2211.
Your Trusted Legal Resource
Gibbons Law Firm
4075 Osage Beach Parkway, Suite 300
Osage Beach, MO 65065
No attorney-client relationship is created by the publication of this blog.
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