You may define a hostile work environment in the context of sexual harassment, which happens when an employee has been fallen prey to unwanted approaches, sexual innuendos, or derogatory gender-related language. Such incidents might lead to hostile work environment sexual harassment.
If you are someone who is facing any work-related sexual harassment, you must reach out to and connect with the best business lawyer in San Diego. They can help you understand what you should do next.
What Is a Hostile Workplace?
Sexual harassment in a hostile work environment is defined as any behavior aimed towards an employee because of their gender. The person may unreasonably interfere with the work performance of the employee or create an intimidating, and unpleasant working environment. Sexual harassment examples include the following,
- Unwanted sexual approaches or physical contact
- Gender-based jokes
- Sexual/lewd jokes
- Unsuitable gestures
- Sharing sexually explicit material
- Offensive statements regarding appearance, bodily parts, or clothing
Is Sexual Harassment Different From Quid Pro Quo Harassment?
Quid pro quo implies “something in exchange for something.” When an employee is pressed to participate in sexual activities in return for a promotion and job retention, or another employee perk, this is considered harassment. To put it another way, an employee’s job security may be contingent on performing sexual favors for their boss.
This happens when an employee’s work environment is hostile due to their employer’s or coworker’s conduct or actions. In contrast to quid pro quo sexual harassment, any employee can perpetuate the activity. Furthermore, the conduct may influence more than one employee.
Do I Have a Sexual Harassment Claim in a Hostile Work Environment?
You may be a victim of hostile environment sexual harassment if your employer or coworker’s behavior has:
- Your emotional tranquility at work has been disrupted.
- Hampered your ability to carry out your professional tasks
- Hampered and weakened your personal feeling of well-being
Your boss or coworker displayed unpleasant and unacceptable conduct.
This behavior interfered with your work performance unreasonably or produced an intimidating, hostile, or offensive working environment.
You should discuss your concerns with an experienced attorney. Based on your specific circumstances, an attorney can assist you in determining whether you have a credible sexual harassment claim.
Making a Claim for Sexual Harassment
If you believe you are a victim of hostile work environment sexual harassment or have seen it, gather the evidence before filing a claim. Sexual harassment allegations in hostile work environments are more difficult to prove, so you should plan ahead of time. The following is a broad list of actions you can take to file a claim:
Confront the harasser with caution
Notably, addressing the attacker is the first step you must take to get them to stop bothering you. While it’s unpleasant, it’s a vital step because they may not even realize they’re causing you mental discomfort. It might even be a one-time occurrence with no ill intent.
If you don’t want to face them or are concerned that they may hurt your well-being in any manner, contact human resources or a supervisor.
Send a letter or note to the harasser.
You might also write a letter informing the harasser that their behavior upset you and requesting that they cease. Please make a copy of the letter and retain it if you need to prove that you did all possible to stop the conduct in the future.
Examine your company’s sexual harassment policy before filing a claim.
If the culprit continues to harass you despite the warning, it is necessary to file a formal complaint with your business. Check your company’s sexual harassment policy to do this.
The policy should provide a clear route for reporting sexual harassment situations, such as gathering documentation and who to contact.
Furthermore, the policy should detail the support and rights you have to seek treatment if you are distressed due to the occurrence.
Compile proof and documents
It’s also time to gather proof to support your argument. Consider hiring a law firm or HR professionals to assist you in determining what you require and what may be utilized in your claim.
We hope that this article helped you understand what sexual harassment in the workplace means and what you can do to counter them.