Hostile environment sexual harassment charges are very difficult to prove since it is not like the common type of harassment where a person requests for sexual favors in exchange for something else.
A hostile environment sexual harassment occurs when employees are subjected to pervasive unwanted sexual behavior that creates an offensive and intimidating working condition where management does not take measures to address the problem.
Examples of such offensive behaviors are:
- Posting of pornographic materials in the workplace (such as those found on https://www.tubev.sex/)
- Offensive comments that are sexual in nature
- Unwelcome physical contact (even if it is not sexual)
- Use of derogatory terms that are sexual in nature
Generally, an isolated case cannot be considered as hostile environment harassment unless it is so outrageous and offending.
The factors that will be considered by court in hostile environment sexual harassment are:
- Frequency of the alleged inappropriate and offensive sexual conduct
- Severity and seriousness of the conduct
- Behavior of the victim
- Context of the alleged harassment
- Size of the business
- Nature of the business
- Whether a reasonable person would have thought that the environment was hostile
The employer may be liable in a sexual harassment charge depending on who created the alleged hostile environment in the workplace.
If the supervisors and managers are the one responsible for creating a hostile environment, the employer will also be held liable.
That is unless the employer has taken measures to prevent and correct the harassing behavior, or if the employee unreasonably failed to use the available reporting and corrective mechanisms of the company.
If it is the co-workers or customers who create the hostile environment, the employer will be held liable if he/she knew or reasonably have known of the harassment yet they failed to take prompt and effective measures to stop the harassment.
Effects of Sexual Harassment in the Workplace
Bothe the employees and the employers will be negatively affected by the occurrence of sexual harassment in the workplace. Here are some of its effects:
To the employees
- Decreased work performance
- Increased time off work
- Loss of job
- Being objectified and humiliated by scrutiny and gossip
- Image being sexualized
- Defamation of character
- Loss of trust in any form of management or other forms of authority
- Loss of trust in people
- Being ostracized in the workplace
- Weakening of support network
To the employers
- Decrease in productivity
- Increase in workplace conflict
- Decrease in job satisfaction
- Loss of qualified workers and talents from resignations or firings
- Increased health care cost as a result of the health complications of harassment
- Undermining of the company’s ethical standards
- Damage to the company’s image
- Legal costs in fending off sexual harassment lawsuits
Hostile environment sexual harassment charges cause big headaches for both employees and the employers.
That is why most states require employers to adopt its own policies in combating any forms of sexual harassment in the workplace.
To help with that, employers should seek advice from an expert Redding sexual harassment attorney to help in drafting sound and effective policies and regulations that can prevent and correct the problem.