Workplace Harassment: Hiding in Plain Sight
Regardless of sexuality, anyone can be harassed. And it can happen anywhere, even at home or at your workplace. A lot of employees face harassment every day. Knowing the nature of this deed, it is very difficult for someone to speak up and prove that a harassment case occurred and for the real offender to be caught with sufficient evidence. In most cases, innocent people will be wrongly accused of a crime they didn’t commit. If the same scenario happened to you, you may have to contact a sexual misconduct lawyer to help you clear your name.
It’s defined as any unwelcome violent, threatening, or sexual act that was done by a person without the consent of the other party. Committing any act that falls under this wide umbrella term towards a person, whether without their knowledge about the act (spreading false rumors, backstabbing, etc.) or doing it by force (verbal threat, indecent and unconsented contact, etc.) will be considered as such.
Sexual Harassment in the Workplace
As previously mentioned, these kinds of acts can happen anywhere. Sexual harassment at work is something that a lot of people are experiencing and enduring. One may think that perpetrators harass others randomly or without any reason. However, these crimes are driven by some factors. So how would you identify what to consider as harassment? Here are some of the types of harassment and how it’s considered as one:
Probably most commonly heard, it’s considered racial harassment if it involves the person’s race, citizenship, or even skin color.
Largely related to the previous item, harassment due to religious beliefs is common due to the stereotypes associated with a certain religion.
Yet another of the most commonly heard, it involves discrimination based on a person’s gender.
Harassment due to sexual orientation
Somewhat related to the previous item, it is a type of harassment that occurs due to how a person sexually identifies themselves. Like the previous type, it is strongly tied to gender stereotypes or how a specific gender or sexuality should act and should work. Sexist jokes and remarks also fall under this.
On the other hand, some types of harassment are not classified as one of those mentioned above. Instead, they are classified as to how the harassment is done. Here are some of them:
It is the act of physically threatening or attacking a person. Examples would be hitting someone or destroying their property.
Most common in workplaces is where the harasser uses their position to harass someone who is in a lower position than them.
Simply put, it is bullying. Offensive jokes or comments, intimidation, or humiliation are considered as such.
It is like personal harassment but done online. Spreading rumors, sending offensive messages, or sharing other people’s sensitive photos are considered harassment done online.
It is the explicit act of performing prohibited, unwanted sexual conduct or act in the workplace. Examples would be sexual jokes or comments, invasion of personal space, sending suggestive messages or photos, lewd behavior, or even indecent touching or exposure.
There is a subtype of sexual harassment called quid pro quo sexual harassment where someone would exchange sexual favors for something that will be in their favor, as a promotion. Blackmailing someone to provide sexual favors in exchange for something like avoiding demotion is also a form of such.
In jobs where interaction with other people, particularly clients are the main activity, threatening, shouting at, and humiliating people that work in this industry are considered to be harassment.
Those that are mentioned above more often than not involve discriminatory or abusive remarks toward the person. It should also be noted that these don’t always happen between opposite genders. There are harassment cases that involve the same sex. A sex crime lawyer in Phoenix can help you assess your situation if you had been accused of harassment in the workplace.
Some companies are held liable in the acts of the perpetrators and even resulted in avoiding hiring a specific race or religion to avoid any more instances. Fortunately, in today’s society, more companies are starting to adopt equal employment opportunities in which they would hire anyone qualified for a position regardless of their race, gender, religion, sexuality, etc.
Most companies also have an employee handbook that contains appropriate consequences for a person who violates such acts. This proves that as time progresses, more and more companies are promoting a work environment where they do not tolerate acts of harassment and implement anti-discrimination and anti-harassment laws within their office to prevent harassment of any kind.
An innocent person can be tagged as an alleged harasser. Whether innocent or guilty after the investigation, the harassment claim would affect their reputation. It may also result in termination from their jobs and any agreement they’re involved in like renting a place. The case would also be subjected to federal laws and appropriate punishment to the perpetrator will be given.
If you believe that you are wrongly accused of such allegations, our Phoenix criminal lawyer provides a free case evaluation. Contact our law office today and let us help you clear your name.