Sexual Harassment in the Workplace – An Employment Attorney Explains

The Department of Labor (DOL) works hand in hand with the Equal Employment Opportunity Commission (EEOC) to create and enforce protective laws in the workplace. If these federally-enforced rights are infringed upon through acts of sexual harassment, an employment attorney serves to represent and defend the victims of said harassment in a legal context. Sometimes, violations regarding workplace sexual harassment can be unclear. Many people do not understand the line between flirting and sexual harassment, for example, and this can cause a myriad of issues and damages. Here are a few important definitions, distinctions, and facts that will help workers discern and navigate their workplace rights. The Law Office of Perry Piñón is ready to help those in need.

The Line Between Flirting and Sexual Harassment

To be clear, flirting and sexual harassment are not remotely the same thing. Flirting with a coworker can be perfectly innocent if both parties decide to partake. It should also not distract them from their work. Notwithstanding company policies that prohibit flirting in the workplace, flirting can potentially be harmless.

Still, the line between flirting and sexual harassment can get hazy in a work environment – especially if flirting advances are unwelcome and distracting. In fact, certain types of flirting may be causal factors in the creation of a hostile work environment. For this reason, several organizations have put relationship parameters and sexual harassment policies into place that serve to protect employees. People can lose their jobs if they are accused of aggressively flirting at work and management finds the actions to violate workplace policies.

Two Types of Sexual Harassment in the Workplace

To protect workers, employment laws have created a descriptive definition for sexual harassment in the workplace. You can break this up into two types.

• Hostile Work Environment Sexual Harassment
  • Flirting can be deemed sexual harassment under the law when it prevents an employee from fulfilling his or her workplace duties in any way that is indirectly related to employment. If the flirting consistently disrupts an employee by creating an environment that is hostile, intimidating, or abusive, the employee must report to the supervisor. If the supervisor fails to act—or if the supervisor is the culprit—the worker can file a hostile work environment complaint.
• ‘Quid Pro Quo’ Sexual Harassment
  • This type of harassment clearly affects the “terms, conditions, or privileges” of an employee in the workplace. If a supervisor fires someone due to a refusal of sexual advancement or if promotions are in direct connection to sexual acts, it is a case of ‘quid pro quo’ sexual harassment. Employees should document these cases. The employees must then take the case to an employment attorney immediately.

Stand Up for Your Rights with an Employment Attorney

Sexual harassment is never acceptable, and an employment attorney makes that fact known loud and clear. If you are the victim of overt harassment or disruptive, aggressive flirting in a workplace setting, you may be able to file a case of sexual harassment. Stand up for your rights by calling the Law Office of Perry Piñón today for a consolation.