Harassment at Workplace: Understanding "Hostile" Environment

BusinessLegal

  • Author Shane Mico Salvatore
  • Published October 31, 2011
  • Word count 430

Los Angeles employees should always remember that they are protected by both California and federal laws related to sexual harassment at the workplace. Despite the comprehensive publicity on the physical and psychological effects of sexual harassment, many businesses in the United States are still linked to harassment claims. Based on US Equal Employment Opportunity Commission (EEOC) statistics, there are at least 15,000 cases of sexual harassment recorded every year. If an employee was sexually harassed, he or she should contact a Los Angeles harassment lawyer immediately.

The Title VII of the Civil Rights Act of 1964 sets two legal grounds for filing a sexual harassment case, these are:

• Quid pro harassment – a worker is forced to allow sexual advances in order to retain his job, receive a salary raise, or be promoted

• Hostile work environment harassment– harassment can interfere with or alter a worker’s performance or create an adverse or abusive workplace

Quid pro harassment is relatively easier to understand compared to hostile work environment. According to a Supreme Court ruling, a hostile workplace can become a basis of a sexual harassment claim if the conduct is unwelcome, based on sex, extensive enough to change the conditions of the victim’s work, and if it reasonably builds a derogatory work environment.

Common factors that make a workplace "hostile" are:

• The conduct is physically or psychologically threatening

• The severity of the alleged harassment

• Frequency of the alleged harassment

• The conduct is considered offensive or abusive

• The alleged harassment is experienced by one or more employees

• The conduct unreasonably interferes with the worker’s performance

If an employee feels that he or she is being sexually harassed at the workplace, there are steps that he or she should follow in order to resolve the problem. The following are the most advisable things to do right after a harassment incident occurs:

  1. The employee should inform the harasser that the act or conduct is not welcome and it must be stopped immediately.

  2. The worker should make use of the company’s policy regarding sexual harassment. Complaining to the company’s Human Resource (HR) department or other working body responsible in handling harassment issues as dictated by the company’s policy should be considered.

  3. If the issue is still not resolved, the next best thing to do is to seek help from EEOC so that the agency can address the employee’s concerns right away.

Los Angeles employees who were oppressed by this kind of violation should seek help from an experienced Los Angeles harassment lawyer who will enable them to get the compensations they deserve.

Shane Mico used to be a campus journalist in a University and holds a degree in AB Mass Communication. he jumped-start his profession in web content writing and has written Los Angeles harassment articles to date.

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