Sexual harassment and discrimination based on sex are unlawful acts that occur some work environments. The U.S. Equal Employment Opportunity Commission enforces Title VII of the Civil Rights Act of 1964, and the Texas Workforce Commission enforces Chapter 21 of the Texas Labor Code, both of which prohibit sexual harassment and discrimination based on sex. During the 2010 fiscal year, EEOC reported 11,717 charges of sexual harassment filed against employers. These charges resulted in more than $48 million in damages for victims. That figure doesn't include money awarded to victims who took their cases to trial. Signs of sexual harassment are readily spotted by those who understand what constitutes unlawful harassment and who observe workplace behavior.
Recognizing the signs of sexual harassment requires a clear understanding of what it is. The Texas Workforce Commission's definition mirrors the federal EEOC definition. Sexual harassment, according to the commission and EEOC includes "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature" that disrupts the workplace. One of the key elements of sexual harassment is that the conduct or behavior is unwelcome. When sexual harassment occurs, the harasser's conduct must be unwelcome or it might not be considered harassment. Sexual harassment has a negative effect on the workplace and on working conditions, which is why many complaints of sexual harassment include claims of a hostile work environment.
Being a victim of sexual harassment doesn't mean you are the one who is receiving unwanted attention or advances from a coworkers. If you see behavior that is of a sexual nature and offensive to you, it can create an uncomfortable atmosphere. The EEOC states, "The victim does not have to be the person harassed, but could be anyone affected by the offensive conduct."
Offensive Jokes and Pictures
During the course of the workday, employees may engage in personal conversations. However, when conversations among coworkers constantly involve demeaning, degrading and discriminatory situations of a sexual nature, they cross the line to become a form of sexual harassment. Sexual harassment includes offensive materials as well, such as pornography and graphic depictions of men or women nude, semi-nude or in compromising positions. The legendary pinup calendars of scantily clad women are the usual examples of materials that create a work environment that fosters sexual harassment and discrimination based on sex.
Quid Pro Quo
A specific form of sexual harassment called "quid pro quo" is the Latin translation for "this for that." Quid pro quo sexual harassment means the victim is intimidated by demands for sexual favors -- usually from someone in a position of power or authority -- in exchange for some type of employment action. The employment action could range from a raise or promotion to eliminating the chances of being fired. For example, a chief executive for the company tells his administrative assistant that if she doesn't perform the sexual favors he demands, he will have her demoted or terminated. This is an extremely overt form of sexual harassment.
- U.S. Equal Employment Opportunity Commission: Sexual Harassment Charges: EEOC & FEPAs Combined: FY 1997 - FY 2010
- Texas Workforce Commission: Facts About Sexual Harassment
- Equal Rights Advocates: Know Your Rights: Sexual Harassment at Work
- "The New York Times"; Sexual Harassment: Stories from the Field; Margot Slade; March 1994
- U.S. Equal Employment Opportunity Commission: Facts About Sexual Harassment
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