Sexual Harassment is a form of discrimination that commonly takes place in a profession working environment. Victims of sexual harassment can be either a woman or a man, and does not have to be the opposite sex of the harasser. Sexual harassment does not need to go to an extreme in order for it to be illegal. Any unwelcome sexual advances or sexual favors constitute sexual harassment when rejection of this conduct explicitly or implicitly affects an individual’s employment or it unreasonably interferes with an individual’s work performance or it creates an intimidating, hostile or offensive work environment.
Quid Pro Quo vs. Hostile Work Environment Harassment
Quid pro quo harassment is the form of harassment in which (typically) a supervisor or authority figure makes job benefits available upon the exercise of sexual acts or favors. Most of the time the denial of such sexual acts results negatively; such as pay decreases, difficult shift assignments or loss of employment all together. The quid pro quo, or exchange of goods, is a sexual demand in exchange for a tangible benefit to the employee. Hostile environment harassment occurs from unwanted conduct creates an intimidating, hostile or abusive working environment. The unwanted conduct does not have to be physical, such as touching, it can also be verbal or non-verbal, such as making inappropriate remarks about clothing or displaying sexually inappropriate material. This conduct may be severe enough to interfere with the persons work performance or it can simply create an offensive and uncomfortable work environment. In a hostile work environment claim there is no precise force, or direct intimidation factor such as in quid-pro-qo harassment.
If you have been discriminated against in the form of sexual harassment, or another kind of harassment in the work place, contact a New York personal injury lawyer for your free sexual harassment consultation.