Sexual Harassment Definition
What you may consider sexual harassment may not be harassment, and what you do not think is sexual harassment may be harassment in its worst form. This type of harassment requires the use of explicit sexual overtones. In addition, this harassment can come in the form of unwelcome and inappropriate advances. For example, when an individual promises you rewards in exchange for sexual favors, this is a form of sexual harassment. These actions cover a wide range of types such as,
- Explicit verbal or written transgressions
- Sexual abuse
- Sexual assault (there is a difference between sexual assault and sexual harassment)
Types of sexual harassment occur in any place there are people such as in the workplace, at home, in school, at church, in parks, retail shops, stores of all kinds, hospitals, medical clinics, doctor offices, dental offices, and anywhere there are people. One place is no less important than another. You should feel comfortable in all of these places, but unfortunately, where there are many people, there can be those who practice sexual harassment mixed into the crowd.
Sexual harassment has no distinction of gender. The harasser can be male or female. However, you need to know that you can and should report sexual harassment to the authorities.
What Constitutes Sexual Harassment?
Know that there is a difference between sexual assault and sexual harassment. Please know the differences and report the incident (s) to the proper authorities if you expect either.
Sexual harassment does not always mean you have to have a harasser and a victim. This type of harassment can come about through a group of people making negative comments about women. These types of words, while upsetting, hurt those hearing them. However, the sexual harassment laws do not cover teasing or off-the-cuff comments directed at specific gender types.
Some individuals get a kick and satisfaction out of being a harasser in a variety of ways. The harasser can be related, or a friend of the victim or have no relationship at all. The harasser can be a boss, manager, supervisor, coworker, peer, work partner, teacher, college professor, family member, or who you thought was a friend.
There are limitless ways in which a harasser can overcome their victims, such as demanding sexual favors from an employee in exchange for keeping their job or position. There are many scenarios.
The harasser can overcome their victim through impromptu and unexpected sexual and physical assault. These unwelcome advances can come as sexual favors. Drawings, written notes, and verbal jokes denoting sexual acts or sexual orientation are a form of sexual harassment. In addition, many harassers use the internet and social media platforms to harass their victims.
You can become a victim of sexual harassment through unwanted touching or physical contact and sexual advances. Sexual harassment comes from conversing with others about sexual relations, telling others explicit sexual stories, relating fantasies at work or school, and other places considered inappropriate for this conversation. The harasser can make their victim feel pressured to give in to sexual demands with someone they do not want to engage in sex with.
If someone were to expose themselves in public and perform sexual acts on their body, this is a form of harassment. In addition, individuals who present explicit sexual photos, text messages, or emails to strangers or those they know are considered sexual harassment. Sexual harassment takes the form of verbal and physical sexual attention to the victim and is used in the broadest of terms. Sexual harassment occurs with its actions by the harasser violating your civil laws.
You have the right to function at work and learn in school without harassment from another individual. Sexual harassment is not considered a criminal act by some states and covers a wide range of unwelcome behaviors. Its counterpart, sexual assault, is regarded as a criminal act.
For these reasons, many companies forbid consensual sexual relationships between coworkers, managers, supervisors, and employees. Company policies regarding relationships are in place to help avoid negative results and are in place for the safety of all employees.
Victims of sexual harassment may experience its ill effects long-term or for the duration of the victim’s life. Victims of genuine sexual harassment likely experience many negative emotions which may be challenging to deal with and overcome, such as, but not limited to,
- Anger
- Humiliation
- Shame
- Guilt
- Fear
- Loss of control
- Depression
- Anxiety
- PTSD
- Panic Attacks
- Decreased motivation
- Suicidal thoughts
- Substance abuse
- Lack of focus
- Escalating stress
- Fatigue
- Insomnia
- Chronic headaches
- Eating disorders and the list continues
You must understand that when sexual harassment happens to you, the perpetrator is breaking the law. California’s law says that all unwanted sexual advances are against the law, from minor to severe and violent cases.
If you reported sexual harassment by a superior in the workplace, and that boss, manager, or supervisor is now retaliating, we recommend that you speak to a trusted sexual harassment attorney and file a retaliation lawsuit. For this lawsuit to be successful, you must clearly define and prove your accusations which can be difficult. In addition, you must prove that this person of authority over you is punishing you for filing a complaint against them. Fighting this type of battle is a scary thought and a disheartening challenge.
Employers Have Responsibilities Against Workplace Sexual Harassment
- An employer must provide all employees written materials showing that they are compliant with Government Code 12950.
- An employer must enact in their policy and procedure manual to prevent discrimination, harassment, and retaliation.
- Employers must create a confidential complaint method
- Employers must make California law clear to employees that sexual harassment and retaliation are prohibited.
- Employers are obligated to post California Laws that prohibit workplace harassment and discrimination.
So if you are a victim of unwanted touching, inappropriate sexual conversation, inappropriate work-related actions pointing towards sexual harassment, or other harmful and diminishing acts directed towards you or a loved one, please contact a California sexual harassment Attorney so you can find some peace and justice for you, the victim of sexual harassment. Make sure to find an attorney that will be by your side from beginning to end with extensive experience regarding retaliating issues by victims shows a high level of success.
A Call to Action for Justice for Victims of Sexual Harassment
Sexual harassers have no specific gender, age, race, or income level. Sexual harassment occurs in many places by many types of people. The young, the old, blue-collar, or white-collar workers can all be victims of sexual harassment or can be the harasser. Know your California rights under Title VII of the Civil Rights Act of 1964.
While various states may word sexual harassment differently, know that in California, sexual harassment is a violation of California’s Fair Employment and Housing Act. In California, the bottom line is that sexual harassment in the form of unwelcome verbal or physical acts targeting sex, religion, race, national origin, color, age, gender, gender identity, and disability is a serious matter that must be dealt with, as soon as possible. Sexual harassment is a severe infringement on the victim’s rights. Never allow a habitual harasser to get off scot-free. A harasser needs to know they are breaking the law in their words, actions, and evil deeds.
