How To Recognize Same-Sex Sexual Harassment?
Many people think of sexual harassment as occurring between a man and a woman. HR departments most frequently hear reports of sexual harassment caused by males.
Many instances of same-sex sexual harassment also occur. The instances generally are less frequent, but are just as harmful as opposite-sex sexual harassment. Job providers also are just as liable when it occurs.
The Equal Employment Opportunity Commission (EEOC) enforces federal laws against workplace sexual harassment. Victims of workplace sexual harassment could file complaints that the EEOC will review. When harassment is confirmed, the victim can file a federal lawsuit against the employer and anyone involved in the harassment.
Common Reasons for Same-Sex Harassment
Title VII of the Civil Rights Act of 1964 defines sexual harassment as unwelcome behaviors or actions that are sexual in nature and create a hostile work environment. It also is illegal to demand sexual favors in exchange for employment or job assignments.
Sexual harassment is not necessarily done to obtain sexual favors. Harassers often do it to intimidate the target and cause that person to be distressed. Same-sex harassment is no different.
Many times, the harassment is done to:
- Coerce and threaten an individual
- Degrade and demean someone
- Make the target quit a job
A single incident does not automatically qualify as sexual harassment. An offensive comment or general teasing does not amount to sexual harassment, but it likely would violate workplace rules.
The activity rises to the level of sexual harassment when it is done to obtain sexual favors or creates a hostile work environment. Seeking sexual favors is a fairly simple concept, but a hostile work environment is more complicated.
A harasser could create a hostile work environment in many ways.
The individual might tell offensive jokes of a sexual nature or make generally offensive comments about your appearance. The harasser might circulate pornographic content or partially or fully nude photos.
Even ridiculing a person for not conforming to an expected standard of behavior could qualify as sexual harassment. For example, a male coworker might continually refer to another male as a “girl” or use degrading terms based on that person’s perceived sexual preferences.
No matter the reason, when sexual harassment occurs, your employer is responsible for putting an end to it.
Reporting Same-Sex Sexual Harassment and Other Offenses
If you are subject to sexual harassment from the same sex or anyone else, your employer is responsible for correcting the matter. You should be able to report the problem to your supervisor and investigate the matter.
If your supervisor is the cause of the harassment, someone with authority over that individual should correct the problem. That person might be the owner or another highly placed individual.
At all times, your employer is responsible for maintaining a safe work environment. When sexual harassment of any sort creates a hostile work environment, ignoring it or retaliating against a worker for reporting the problem is against the law.
Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Uphold Worker Rights
Victims of sexual harassment from the same sex or anyone else can get help from our experienced Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. Call us at 215-574-0600 or contact us online to schedule a consultation at our Philadelphia law office. We represent clients in South Jersey and throughout Pennsylvania and New Jersey.