It seems that I am getting more calls than ever before about sexual harassment in the workplace. Some say that bosses think they can get away with it now because the economy is bad. I blame “Mad Men.”
For those who don’t know, “Mad Men” is a television show on AMC about advertising executives in the 1950’s and 1960’s. I’ve seen it a couple of times and it seems to accurately reflect what the workplace would have been like before things like Title VII of the Civil Rights Act of 1964. That is, an alcohol infused, adolescent “boys night out” with the added bonus that if the “girls” at work weren’t “friendly” enough, you could fire them!
I understand that “Mad Men” is not promoting sexual harassment. If anything, intelligent, thoughtful people should see the atrocious behavior displayed on “Mad Men” and be even more vigilant in preventing sexual harassment.
Unfortunately, the boss is not always a thoughtful and intelligent person.
Whatever the cause, there’s no excuse for sexual harassment in the workplace. Sexual harassment degrades and devalues victims, and can create an environment that is hostile to everyone in it.
Fortunately, there are Pennsylvania and federal laws that prohibit sexual harassment in most workplaces. The federal law is Title VII of the Civil Rights Act of 1964. The Pennsylvania law is the Pennsylvania Human Relations Act.
It is against the law for an employer (or prospective employer) to sexually harass you. Sexual harassment can include:
- unwelcome touching
- leering or staring
- inappropriate personal questions, comments, jokes, etc.
- sexually explicit or suggestive notes, pictures, emails, etc.
- sexual advances
- requests for sexual favors
- other acts
Sexual harassment usually comes in one of two forms:
- “Hostile environment” sexual harassment – in which the harassment is frequent and/or severe enough that it creates a hostile and oppressive work environment. Courts have said that isolated incidents do not usually rise to the level of hostile environment harassment, unless they are very severe.
- “Quid Pro Quo” sexual harassment – in which the harasser demands some type of sexual interaction in exchange for a job, promotion, etc. – or where an employer promotes or hires on the basis of gender. “Quid pro quo” means “something for something” in Latin. Lawyers like Latin because it makes them sound smart.
In both cases, as with all employment matters, keeping notes, records and other evidence is very important.
The harassment does not have to be overtly sexual in order to be illegal. For example, an employer that makes offensive statements about a person’s gender (i.e. men are stupid) may be engaging in unlawful harassment.
The victim and harasser can be of either gender. Same-sex sexual harassment is common, even when both victim and harasser are heterosexual.
Of course, truly consensual acts and relationships are not harassment. However, if the conduct was unwanted by the victim and imposed upon him or her, it may still constitute harassment. And when such consensual relationships end, sexual harassment may begin.
The harasser may be a supervisor, a co-worker, even a customer or client of the employer. It is very important, particularly if the harasser is not your supervisor, to tell the employer what is happening. Employers cannot help you if they do not know what is happening – but once they know, employers have a duty to act.
If you feel that you are the victim of sexual harassment or other gender discrimination, contact me.