Sexual harassment for the most part is covered under Title VII of the Civil Right Act that was drafted and put into effect in 1964. According to San Jose, CA sexual harassment lawyers, employers that have at least 15 or more employees are bound by law and Title VII when it comes to matters of sexual harassment.
To begin with, we need to define sexual harassment and understand what exactly it is. Harassment can be subjective, but for the sake of determining litigation, there are certain behaviors that are classified as sexual harassment and anyone proven to have behaved in such ways are therefore guilty of sexual harassment.
According to California sexual harassment attorneys, sexual harassment is a sub category of gender or sex discrimination. Harassment is inclusive of actions such as unwanted sexual advances, requests for sexual favors, verbal sexual abuse, forced sexual assault, and other types of behavior where the victim the target of sexual comments and innuendos.
If you need any more information about this including employment information there is an excellent legal resource right here. You have no reason to tolerate such behavior. This is not 1935!
What is the EEOC?
The Equal Employment Opportunity Commission (EEOC) is a branch of the federal government of the United States of America formed by the Civil Rights Act 1964 Title VII. The sole objective of the Equal Employment Opportunity Commission is to put a check on discrimination. The EEOC comes into play during cases of sexual harassment, gender discrimination, and immigrant abuse, to name a few. The EEOC is essentially against all kinds of discrimination, whether based on age, sex, race, and color. It is the responsibility of the EEOC to enforce federal laws prohibiting discrimination in the workplace.
According to the EEOC, sexual harassment does not necessarily have to only be of a sexual nature. It is illegal and considered sexual harassment to even make offensive statements or remarks about a specific gender. For instance, if you speak lowly of women in general in front of a woman or within her ear shot, you are committing sexual harassment. If she is not performing her duties then how come she was hired for this position?
Different Types of Sexual Harassment Cases
According to San Jose, California sexual harassment lawyers dedicated to protecting victims of sexual harassment, a sexual harassment case can be categorized into one of two categories:
- Quid pro quo sexual harassment
- Hostile work environment
Quid pro quo sexual harassment is when the employer (superior, manager) unfairly discriminates against a certain gender. This may be when a promotion is due, during recruitment, and during the assignments of favorable projects, to name a few. For example, if a recruiter does not select a woman for the job simply because she happens to be a woman even though she is qualified and on point it is considered quid pro quo sexual harassment.
As per San Jose sexual harassment lawyers, the second type of sexual harassment is hostile work environment claims, where it is considered sexual harassment if an employer fails to provide a safe work environment free of harassment and discrimination to one or more of their employees. It is left to the discretion of the judge to determine whether or not a work environment is hostile.