Wednesday, February 29, 2012

How to know if it is harassment and where to turn if your boss is the party responsible

By Rommielien Nosworthy

Sorts Of sexual harassment

In reality there are 2 types of sexual workplace harassment and these are referred to as 'quid Pro Quo ' and hostile environment'. These are explained as follows:

Hostile environment

Hostile environment sexual aggravation isn't only about physical contact. Instead it applies to creating an antagonistic office environment that in turn makes the individual feel uncomfortable because of his/her sex. Physical sex might not come into the mix. Instead it's just the inception of an uncomfortable environment in which to work. Circumstances like telling grimy jokes, showing porny footage, leering and consistently requesting dates from the victim have all been found by courts to be cases for harassment.

One criterion that must be made clear in this circumstance is that it must be presumed 'offensive'. As an example a lady who is very used to working in a male orientated environment won't be sickened by the telling of unclean jokes, sexual innuendos and general banter. However a girl who is more reserved in nature, might find the work banter extremely offensive. In this example it is down to the court to decide what is classed as 'offensive ' and what isn't, since there is no black and white.

Quid Pro Quo

Quid pro quo is a trade off and is a Latin phrase for 'this and that'. Re office victimization an example could be that a director would ask the employee to sleep with them in order to gain the promotion. Or alternatively a director could ask an employee to sleep with them or their work will be ended.

The key problem lies with the idea of consent. For example, it may shock you to grasp that someone can still file to sue for sexual persecution whether or not they went and did relent and have sexual relations. It matters not the victim entered into sex, however it does matter if the sex was consensual. Here lies the problem! In a court of law, the victim would need to prove that first they merited the promotion or had not done anything wrong so as to be fired, and second that they sex was not consensual.

If you feel that you have been a victim of workplace harassment, whether it's sexual or otherwise, then it is vital that you talk to an experienced lawyer like the employment attorneys California who can explain your rights.

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