All employees and people leaders (supervisors, executives, management) must understand what workplace sexual harassment is so that it can be stamped out.
What exactly constitutes workplace sexual harassment in the workplace? The answer is not always clear, leading a person to wonder, “have I been sexually harassed?” Or, “is the way I just behaved considered sexual harassment?”
Below are five signs of sexual harassment in the workplace, spanning from the most obvious, to the less commonly recognized.
Sign #1: Unwanted physical contact😡
Unwelcome physical acts of a sexual nature (eg. touching, pinching, patting, kissing, hugging, grabbing) can constitute sexual harassment, with sexual assault being the most extreme form.
Physical contact (hugs, touching of arm or face) is not always appreciated. What one person may see as an “innocent” expression of friendship could be viewed as an unlawful invasion of personal space by the recipient. Err on the side of caution in the workplace.
Sign #2: Sexualized language, jokes or images😡😡
Sexually oriented gestures, noises, remarks or jokes, or comments about a person’s sexuality or sexual experience are not appropriate in the workplace and create a hostile work environment. Any of this activity could be in-person, or in phone calls, text messages, emails, videos, Slack, and social media posts.
Unlawful harassment is not limited to the physical workplace. With the prevalence of technology and communicating with colleagues during non-work hours, incidents can occur away from the “actual” workplace. Sending sexualized messages or images to colleagues likely violates other workplace policies as well.
Sign #3: “Quid Pro Quo” Demands 😡😡😡
Another form of unlawful sexual harassment is often referred to as “quid pro quo.” (The term is Latin for “something in return for something”). This includes (unwelcome) requests for dates, or sexual activity by a workplace “superior,” accompanied by a threat or indication that a rejection of, or submission to the advance will affect the person’s job security or terms.
People work to support themselves and their families. Threats that their job is at stake if they refuse unwanted sexual demands from a boss or manager makes victims of workplace sexual harassment extremely vulnerable. This dynamic also means victims are less likely to report the harassment.
Sign #4: Inappropriate comments or conduct based on gender, gender identity or sexual orientation 😡😡😡😡
Statistically, women are much more likely than men to be victims of workplace sexual harassment. However, anyone (men, women and transgender/ gender non-conforming persons) can be a target of sexual harassment. All have a right to be free from such harassment in the workplace.
In most jurisdictions, workplace sexual harassment includes harassment based on gender, gender identity and sexual orientation. Demeaning, humiliating conduct or remarks based on a person’s gender identity (eg. whether someone conforms to gender “norms”) or sexual orientation threaten a positive, respectful workplace culture.
Sign #5: Retaliation reprisal when reporting a complaint 😡😡😡😡😡
What good are legal rights if you can’t claim and enforce them? People who have been sexually harassed at work must be able to make a complaint and participate in an investigation and/or legal proceedings without fear of reprisal or retaliation. This right is set out in in legislation and policies (including “whistleblower” laws) in most North American jurisdictions.
People Leader Alerts from a Lawyer ⚠️
👉 Sexual harassment is defined as conduct or comments that are known (or should reasonably be known) to be unwelcome.
👉 The unwelcome comments or acts are based on a person’s sex and/or (depending on the laws of the jurisdiction) their sexual orientation, gender identity or gender expression.
👉 Employers may be liable at law if they ignore signs and complaints of harassment, or do not make best efforts to provide a safe workplace. This includes establishing complaints and investigations procedures.
👉 Anti-sexual harassment training can limit your organizations liability and prevent incidents. What anti-harassment training is required your state or province?
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Bay Ryley
President, Ryley Learning
