Generally speaking, two types of workplace sexual harassment exist:
- Unwelcome sexual contact or touching;
- Unwelcome sexual advances /dates;
- Habitual derogatory comments;
- Dirty jokes;
- Abusive comments about individual's body;
- Sexually degrading descriptions;
- Suggestive communications;
- Workplace placement of inappropriate images;
- Bashing due to sexual orientation
In most sexual harassment / hostile workplace matters, it may be necessary to report the offensive conduct to a supervisor of the bad actor. Once you report a claim, the law protects you by forbidding your employer from retaliating against you (or others who support your claim). In fact, failure to timely and properly report the matter may undermine your claim.
If you are concerned about retaliation for asserting a sexual harassment complaint, or need advice about the best way to present your claim, Richard Rizk can help. Again, time is not your friend. If you do not take action, time legal limits will extinguish your claim - probably sooner than you think.
2. You scratch my back... ( "Quid Pro Quo" harassment )
The second brand of workplace, known as
"Quid Pro Quo" sexual harassment, typically involves a supervisor or manager who requests sexual favors or makes advances of a person he/she supervises.
"Quid Pro Quo" is Latin for "this for that." This type of harassment amounts to sexual blackmail and can be quite obvious. Often, it is "understood" that sex will be exchanged for favorable treatment.
In the employment setting, usually only persons with authority to hire, fire, promote, grade or reassign you can be held liable for "quid pro quo" sexual harassment. The request must be outside the scope of employment duties.
Educators including teachers and professors are also prohibited from making "quid pro quo" requests. Professors know that many young college students are unaware of prohibitions against "quid pro quo" arrangements. As a result, such incidents are not uncommon in colleges and universities. The employee or student must prove that the unwelcome sexual advance was an express or implied condition of a job benefit or grades. Here are some examples of "quid pro quo" sexual harassment:
"No"!
Plainly tell the bad actor his behavior offends you. Firmly refuse any invitation. If that does not work, email the harasser a short, to the point request to stop the offensive behavior. Don't engage in a debate with the wrongdoer.
Document, Document, Document
The moment any sexual harassment occurs, start a notebook. I suggest a spiral notebook with all pages intact, starting on the first page. Use of a spiral notebook adds credibility because untimely entries are nearly impossible to insert. Be specific: document dates, places, times, and witnesses. Ask trusted co-workers to also document perceptions. Remember others will later read this written record so don't say anything you might regret. Keep the record at home or in some other safe place-far away from the bad person.
Report the Harassment
Report the harassment-- in writing-to someone you trust with power to stop the harassment. Describe the problem and how you want it fixed. Be to the point. Keep a copy of the complaint and any response.
REPORTING IS KEY because your employer (or school) must know or suspect the harassment in order to be held responsible for it.
Richard Rizk pursues both Hostile Workplace and "Quid Pro Quo" harassment claims. Since he has represented persons accused of wrongful conduct, he knows how to motivate wrongdoers to pay sexual harassment claims. You can reach him at: (503) 245-5677.
