Types of Sexual Harassment

California Labor Laws For Salaried Employees - Types of Sexual Harassment

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There are two types of legally recognized way of committing sexual harassment: (1) Quid pro quo sexual harassment; and (2) Hostile environment harassment.

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California Labor Laws For Salaried Employees

I. Quid Pro Quo Sexual Harassment

Quid pro quo sexual harassment occurs when an employee is offered to be retained in his/her job or be promoted in exchange for sexual favors. In case of a student, the offer is to help receive a good grade or a favorable hint in exchange for sexual favors. The someone who commits quid pro quo sexual harassment is a someone with power to sway the victim's employment or educational situation like a supervisor, employer or a educator in case of a student. An example would be if a employer suggests that an employee goes out with him on a date or asks for a neck or back rub every so often in exchange for retaining her post or be promoted.

In this type of sexual harassment, it is not foremost if the victim gave in or agrees to the offer. It is adequate that the harasser floats or makes the offer and the victim is not barred from filing a claim if he or she later on changes his or her mind.

Ii. Hostile Environment Sexual Harassment

Hostile work environment sexual harassment, on the other hand, occurs when a co-worker, employer or supervisor in the work place makes unwelcome sexual advances which interferes with work doing or creates an intimidating, hostile or offensive work environment, or learning environment in the case of students. The sexual harassing escort could be verbal, non-verbal, optical or physical. Example of a verbal harassing escort is when one makes a sexual comment about a person's clothing, anatomy or looks. In cases of non-verbal sexually harassing escort an example would be leering, staring or glaring at someone. optical sexually harassing escort on the other hand could be displaying sexually suggestive calendars, photographs, posters or cartoons in the workplace. Physically harassing escort is when someone gives a massage colse to the neck or shoulders and the victim did not ask for it and regards it as offensive.

In this type of sexual harassment, even the employer is liable if he has knowledge or should have knowledge of the sexual harassment perpetrated on one of the employees and the employer whether does nothing about it or even faulted the victim for the happening of the sexually harassing conduct.

In both cases, it would be to the best interest of the victim to regain the services of a lawyer immediately to protect the victim's legal rights.

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