What to do if you are sexually harassed in the workplace
posted by Daniel Stevens | Sep 4, 2018 09:54 AM [EST] | applies to California
What happens when sensual pestering becomes a mechanism for instilling fear in a victim? An employee’s fear for their personal safety and/or job security can be stirred when sexual desires of a superior go against the employee’s resistance, creating a recipe for disaster. This kind of scenario is also a breeding ground for a potentially hostile work environment or propositioning for sexual trade-offs. Unwanted sexual advances in the workplace do not only invade a victim’s personal space but also their mind. Sexual harassment can be just as damaging psychologically to an individual’s mental health as it is to their personal boundaries. An Employer or superior’s mere attraction to a subordinate may escalate to sexual harassment. Sexual harassment is a form of discrimination, yet its wrath does not discriminate; anyone can be a victim of sexual harassment.
Nate had been working as a first-year associate at his firm for three months when he began to develop anxiety and extreme emotional stress. However, his discomfort was not from fear of lack of performance in his role, but fear of being alone with the partner at the firm Darla. Darla had acted in a professional manner at the beginning of Nate’s employment, she welcomed him aboard the team soon after Nate’s interview. But shortly after Nate’s hire date, Darla began demonstrating questionable behavior that made Nate wonder if he would risk losing his job if he were to point this out to Darla or at the very least report her to the Human Resources Department. It all started with Darla frequently setting meetings and intentionally giving Nate false start times, different from the time the other staff at the firm met. Nate realized she was doing this in hopes of the two of them having “alone time together” as she had stated to him when he arrived but to an empty conference room. Darla had told Nate that the interest she had taken in him was purely professional as she deemed herself his mentor, yet Nate constantly felt uncomfortable in her presence. The way she stared at him, her constant inquiries of his dating life, his sexual preference, and her incessant invitations to drinks after work, left Nate a prisoner in his own workspace. To make matters worse, Darla had a best friend in the Human Resources Department, Fran, a fact that Darla constantly reminded Nate “Nate, you know Fran tells me everything that goes on at this firm right?” she would say daringly.
Once Darla took note of Nate actively and consciously rejecting her advances, she began to bully him by challenging his sexuality in front of other staff members, calling him offensive names and saying he “was not man enough” and “what’s wrong with you? Do you prefer men?”. Nate chose not to entertain Darla’s intimidating behavior, which only aggravated Darla’s aggressive behavior. Darla cornered Nate in the break room and verbally warned him that his job was on the line if he continued to deny her advances. Nate is now uncertain whether he should contact an attorney.
Unwanted sexual advances can take particular forms that are acknowledged by law such as quid pro quo and a hostile work environment.
Quid pro quo, Notorious for its slang expression “I’ll scratch your back if you scratch mine”, is a trade-off between two individuals. It becomes sexual harassment however when the exchange is a proposition for sexual favors. A superior may offer employment perks in exchange for going on a date or intimate physical touching. Alternatively, an individual in a position of power at the workplace may give the victim an ultimatum, that if they do not participate in providing sexual favors, he or she will suffer consequences. These consequences may entail being reprimanded, demoted or even terminated.
An inimical work environment created by sexual conduct towards another individual may be considered as a form of sexual harassment. This is a situation where an employee is subjected to intimidation and oppression as a form of sexual harassment by which creates a hostile work environment. An employer creating a hostile work environment for another employee may be demonstrated by acts of meddling with the victim’s ability to carry out their duties at work. Creating a hostile work environment through sexual conduct may give rise to litigation and the employer may be held liable for their behavior.
Deciding whether or not to take legal action in a potential sexual harassment situation at a place of employment is not a decision a victim should have to make on his or her own. Fortunately, in California, some employment law firms offer consultations that do not burden the potential client with fees just to hear his or her story. Whether or not you have a case, you should find a law firm that offers to hear the facts of your case free of charge. By carefully examining the salient features surrounding the incidence(s) of inappropriate sexual advances, an experienced employment law attorney may be able to determine if the behavior rose to the level of liability according to California laws or even in some cases, federal law. An employment lawyer will look to many factors in determining if a victim has a case such as the nature of the sexual advances, frequency, the level of severity it reached, the place of employment, whether there are other victims, the duration of the behavior, how many employees are on site at the particular workplace, whether the victim made a complaint, whether the particular workplace had a zero-tolerance policy in place within the company, and many more.
Being a victim of quid pro quo or being subjected to a hostile work environment has burdens of its own, deciding to take legal action is not a decision any individual should have to face alone. Take the first step and search online or in a directory for a law firm that specializes in going against companies who turn a blind eye to the safety of their employees. Being the target of a sexual predator’s desires at the workplace can happen to anyone and it should not be tolerated.
Comments (0)
No comments were found for this article.