HAS YOUR BOSS BEEN MAKING COMMENTS ABOUT YOUR BODY AT WORK? CONTACT SF BAY AREA EMPLOYMENT LAWYERS.
Sexual harassment is a very complicated area of the law. However, it is sadly commonplace in the workplace. There are two basic types of sexual harassment. Both types are illegal. The first type of harassment is known as “quid-pro-quo” harassment. Quid-pro-quo is a Latin terms that means “this for that.” This type of harassment is, in essence, a trade. Under this form of harassment, a boss asks an employee for sexual favors in exchange for work related benefits. Quid-pro-quo harassment can also occur in the negative. Therefore, it is also illegal for an employer to require an employee to perform sexual favors in exchange for ensuring continued employment.
The second type of harassment is known as the “hostile environment.” This type of harassment occurs when an employee is made to feel uncomfortable on the basis of his or her sex by some act or comment of a coworker or superior. The unwanted behavior must also be offensive to the employee. Therefore, if an employee enjoys exchanging sexual jokes with a coworker, this is not considered sexual harassment. However, if another coworker is made to feel uncomfortable upon hearing these continual jokes, this may be sexual harassment. The offensive behavior must also be severe or pervasive. Therefore, if an employer continually makes comments about an employee’s body that the employee finds offensive, the employee may have a sexual harassment claim.
It is also important to realize that sexual harassment occurs even if an employee does not accept an employer’s proposition. Therefore, if an employer makes sexual demands that are refused by an employee, the employee is still a victim of sexual harassment if he/she does not get the promotion or benefit because the sexual demand was denied. If you have been dealing with unwanted sexual advances at work or unwanted sexual propositions, you may be able to sue. Find out more by contacting the skilled attorneys at Greenberg & Rudman LLP. You can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are here for you.
