Sexual harassment continues to be one
of the most common forms of
discrimination in the workplace. Although
men can be victims of sexual harassment,
and employees can be victimized by
members of their same gender (women who
mistreat only women), the vast majority of
sexual harassment in the workplace involves
men harassing women. If you believe that
you might have been sexually harassed,
there is a good chance that you were. In
2004, there were over 24,000 charges of
sexual discrimination filed with the Equal
Employment Opportunity Commission
(EEOC) with 13,000 charges of sexual
harassment.
Unfortunately, the cartoon to the right
shows the attitude of many businesses
toward women. Too often, women are not
valued for their education, experience and
skills. Although it is obvious that
employers cannot discriminate in the hiring,
promotion and firing of employees based
on gender, the nature of sexual harassment
is that it can be difficult to describe and
often can be difficult to prove.
The information below should help you
determine if you have been the victim of
sexual harassment and whether you want to
make your rights matter.
of the most common forms of
discrimination in the workplace. Although
men can be victims of sexual harassment,
and employees can be victimized by
members of their same gender (women who
mistreat only women), the vast majority of
sexual harassment in the workplace involves
men harassing women. If you believe that
you might have been sexually harassed,
there is a good chance that you were. In
2004, there were over 24,000 charges of
sexual discrimination filed with the Equal
Employment Opportunity Commission
(EEOC) with 13,000 charges of sexual
harassment.
Unfortunately, the cartoon to the right
shows the attitude of many businesses
toward women. Too often, women are not
valued for their education, experience and
skills. Although it is obvious that
employers cannot discriminate in the hiring,
promotion and firing of employees based
on gender, the nature of sexual harassment
is that it can be difficult to describe and
often can be difficult to prove.
The information below should help you
determine if you have been the victim of
sexual harassment and whether you want to
make your rights matter.
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| A Kansas employment attorney representing Kansas employees in sexual harassment disputes |
For information on filing a charge
of discrimination, click Filing an
EEOC charge on sexual
harassment.
For information on the EEOC
mediation process and sexual
harassment, click Mediation and
the EEOC.
For information about the court
litigation process, click The
Litigation Process.
of discrimination, click Filing an
EEOC charge on sexual
harassment.
For information on the EEOC
mediation process and sexual
harassment, click Mediation and
the EEOC.
For information about the court
litigation process, click The
Litigation Process.
The EEOC defines sexual harassment as unwelcome sexual advances, requests for
sexual favors and other verbal or physical conduct of a sexual nature when (1)
submission to such conduct is made a term or condition of an individual's employment,
even if implicitly, (2) submission to or rejection of such conduct by an employee is made
the basis of decisions affecting the employee, or (3) 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.
Courts have generally divided sexual harassment into two types: quid pro quo, where
sexual favors are sought in exchange for job benefits, and hostile work environment
where sexual conduct creates an offensive working environment. There are certain signs
of a hostile work environment: requests for sexual favors, even dates, especially where
you have indicated that this is unwelcome; demeaning sexual inquiries and vulgarities;
offensive language including sexually explicit language and language that reveals a bias
and hostility toward women; unwelcome touching; sexist cartoons or pornography in the
workplace; or crude practical jokes.
Most often, sexual harassment is directed at the person who is the victim of the
harassment, but a woman who witnesses sexual harassment against other women can
also be the victim based upon the totality of circumstances in the work environment. A
hostile work environment can be created by business owners, managers and co-workers.
sexual favors and other verbal or physical conduct of a sexual nature when (1)
submission to such conduct is made a term or condition of an individual's employment,
even if implicitly, (2) submission to or rejection of such conduct by an employee is made
the basis of decisions affecting the employee, or (3) 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.
Courts have generally divided sexual harassment into two types: quid pro quo, where
sexual favors are sought in exchange for job benefits, and hostile work environment
where sexual conduct creates an offensive working environment. There are certain signs
of a hostile work environment: requests for sexual favors, even dates, especially where
you have indicated that this is unwelcome; demeaning sexual inquiries and vulgarities;
offensive language including sexually explicit language and language that reveals a bias
and hostility toward women; unwelcome touching; sexist cartoons or pornography in the
workplace; or crude practical jokes.
Most often, sexual harassment is directed at the person who is the victim of the
harassment, but a woman who witnesses sexual harassment against other women can
also be the victim based upon the totality of circumstances in the work environment. A
hostile work environment can be created by business owners, managers and co-workers.
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A portion of a federal employment discrimination law, Title VII of the Civil Rights
Act of 1964, and the Kansas Act Against Discrimination, both make it illegal to
discriminate in the workplace on the basis of gender. Section 703(a)(1) of Title VII,
42 U.S.C. § 2000e-2(a) provides:
"It shall be an unlawful employment practice for an employer - -
... to fail or refuse to hire or to discharge any individual, or otherwise to discriminate
against any individual with respect to his compensation, terms conditions or
privileges of employment, because of such individual's race, color, religion, sex, or
national origin[.]"
Based upon this language, the United States Supreme Court has determined that a
hostile work environment based upon gender violates the laws. Since "hostile
environment" harassment takes a variety of forms, many factors may affect this
determination, including: (1) whether the conduct was verbal or physical, or both;
(2) how frequently it was repeated; (3) whether the conduct was hostile and patently
offensive; (4) whether the alleged harasser was a co-worker or a supervisor; (5)
whether the others joined in perpetrating the harassment; and (6) whether the
harassment was directed at more than one individual.
In order to prove harassment, there must be evidence that the alleged harassment to
which a woman was subjected was pervasive or severe enough to alter the terms,
conditions, or privileges of her employment.
The victim "must show that a rational jury could find that the workplace is
permeated with discriminatory intimidation, ridicule, and insult, that is sufficiently
severe or pervasive to alter the conditions of the victim's employment and create an
abusive working environment."
It is critical in any case of harassment for the victim to show that a reasonable
person would find the environment to be offensive and that the victim did so as
well--the so-called objective and subjective requirements. The victim must be able to
show that the offensive conduct was unwelcome.
Act of 1964, and the Kansas Act Against Discrimination, both make it illegal to
discriminate in the workplace on the basis of gender. Section 703(a)(1) of Title VII,
42 U.S.C. § 2000e-2(a) provides:
"It shall be an unlawful employment practice for an employer - -
... to fail or refuse to hire or to discharge any individual, or otherwise to discriminate
against any individual with respect to his compensation, terms conditions or
privileges of employment, because of such individual's race, color, religion, sex, or
national origin[.]"
Based upon this language, the United States Supreme Court has determined that a
hostile work environment based upon gender violates the laws. Since "hostile
environment" harassment takes a variety of forms, many factors may affect this
determination, including: (1) whether the conduct was verbal or physical, or both;
(2) how frequently it was repeated; (3) whether the conduct was hostile and patently
offensive; (4) whether the alleged harasser was a co-worker or a supervisor; (5)
whether the others joined in perpetrating the harassment; and (6) whether the
harassment was directed at more than one individual.
In order to prove harassment, there must be evidence that the alleged harassment to
which a woman was subjected was pervasive or severe enough to alter the terms,
conditions, or privileges of her employment.
The victim "must show that a rational jury could find that the workplace is
permeated with discriminatory intimidation, ridicule, and insult, that is sufficiently
severe or pervasive to alter the conditions of the victim's employment and create an
abusive working environment."
It is critical in any case of harassment for the victim to show that a reasonable
person would find the environment to be offensive and that the victim did so as
well--the so-called objective and subjective requirements. The victim must be able to
show that the offensive conduct was unwelcome.
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Sexual harassment is not just about men coming onto women in
the workplace. Many times sexual harassment is about sexual
animus--that is, hostility toward a gender. While some men might
see women as an opportunity for sex in the workplace, others
strongly object to the presence of women and are openly hostile
towards them. This can be true in both blue collar and white
collar jobs. So, sexual harassment can be based upon sex, and
upon sexual animus. Either way, it is illegal!
the workplace. Many times sexual harassment is about sexual
animus--that is, hostility toward a gender. While some men might
see women as an opportunity for sex in the workplace, others
strongly object to the presence of women and are openly hostile
towards them. This can be true in both blue collar and white
collar jobs. So, sexual harassment can be based upon sex, and
upon sexual animus. Either way, it is illegal!
| Types of Sexual Harassment |
| OTHER MAJOR TOPICS |
| What Constitutes Sexual Harassment? |
| Sexual Animus and Harassment |
| MICHAEL M. SHULTZ Johnson County and Lawrence, Kansas 913-385-9955 Phone 866-385-9955 Toll free e-mail us Working with clients throughout Kansas, including Johnson County and Sedgwick, Douglas and Shawnee Counties, including the cities of Kansas City, Kansas, Overland Park, Olathe, Wichita, Topeka, Lawrence, Salina, Manhattan and Emporia. The information in these pages is intended for Kansas employees who are interested in sexual harassment law. The information is intended for educational purposes only and is not intended to establish an attorney client relationship with any person. If you have an actual legal problem concerning sexual harassment, you should contact a competent Kansas employee rights attorney. |
| MICHAEL M. SHULTZ A Sexual Harassment Attorney for Kansas Employees |
| Johnson County and Lawrence, Kansas 913-385-9955 |