Corte Hispana
(Hispanic Court)
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Corte Hispana
(Hispanic Court) |
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Types of Harassments, including Sexual Harassment QUID PRO QUO (This For That) "If I’ll do you a favor, what do I get in return?" Example: A supervisor tells a subordinate that he/she must be sexually cooperative with him or he/she will be fired.
Under the new law (1998) if no "tangible employment action" occurred, such a statement would be considered part of a hostile environment. HOSTILE ENVIRONMENT Unwelcome sexual advances, requests for sexual favors, and other verbal, physical or visual conduct of a sexual nature constitute "hostile environment" sexual harassment when such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment. A Hostile Work Environment is Created When:
This type of harassment may be engaged in not only by supervisors or managers, but also by co-workers, vendors, or persons who are not even employed by the employer. Sexual harassment can occur in a variety of circumstances, including but not limited to the following: 1) The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex. 2) The harasser can be the victim’s supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employer. 3) The victim does not have to be the person harassed but could be anyone affected by the offensive conduct. 4) Unlawful sexual harassment may occur without economic injury to or discharge of the victim. 5) The harasser’s conduct must be unwelcome. The law Categorizes Harassment, Including Sexual Harassment Into Four Types of Conduct:
Making or using derogatory remarks, epithets, slurs, jokes, verbal abuse of sexual nature, conversation filled with sexual innuendoes, commentaries about an individual’s body, comments and questions about a person’s sexual behavior, obscene letters or notes. 2. PHYSICAL CONDUCT Include touching, assault, impeding, or blocking movements. Massages, rubbing bodies against the other person’s body. Grabbing, kissing, hugging, and other unwanted offensive physical contact. Worst case involves physical assault, including rape. 3. VISUAL CONDUCT Leering, making sexual gestures, displaying sexually suggestive objects, pictures graffiti, cartoons, or posters. Use of the computers to send pornography. 4. RETALIATION Retaliation for complaining about an employment condition that violates federal anti discrimination laws is prohibited by Title VII. Because you filed or you are a witness in a complaint your employer can not retaliate by giving you a transfer, demotion, termination pay reduction, or poor performance. When Does an Environment Become Sexually Hostile? To determine, the courts consider these factors: 1) Whether the conduct was verbal or physical or both 2) how frequently was repeated; 3) was the conduct hostile or offensive; 4) whether the alleged harasser was a co-worker or supervisor; 5) whether other joined in perpetrating the harassment; and 6) if the harassment was directed at more than one individual. No one factor controls. An assessment is made based upon the totality of the circumstances. © 2000 Efrain H. Logreira . All Rights Reserved Click Here to See Corte Hispana's Partial List of Customers
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