Actions that You Might Not Realize Qualify as Sexual Harassment
Sexual harassment in the workplace remains a serious problem in New York and across the United States, even in the wake of story after story about inappropriate behavior on the job. There’s a common misperception, though, that it’s only sexual harassment when there’s a clear offer of a benefit in exchange for sexual favors or a threat of some type of work-based punishment for failure to provide sex. Here’s a quick quiz—which of the following actions can be the basis for a legal claim of sexual harassment?
- Repeatedly asking a co-worker for a date, even though you’ve been turned down in the past
- Physically blocking a person’s path while at work, forcing them to either go around you or have contact with you
- Continually making eye contact with a co-worker, staring at another employee, or constantly following a fellow employee around the office
- Repeatedly brushing up against or making bodily contact with a co-worker
- Touching, caressing, rubbing or kissing another person’s body or clothing
- Telling sexually oriented jokes or making physical gestures, facial expressions or verbal remarks about another person’s body or sexuality
- Sharing stories of your sexual exploits, preferences or experiences
- Including sexual references in an email, having sexually provocative items on your desk or a corkboard or otherwise sharing images, pictures, stories or jokes of a sexual nature
- Asking about another person’s sexual interests or orientation
The answer—these are all activities that can potentially lead to allegations of sexual harassment. In addition to quid pro quo sexual harassment, which involves an actual or requested exchange of something for sexual favors, sexual harassment can also involve “the creation of a hostile environment based on sex.” Accordingly, any verbal, physical, written or other behavior/communication that can reasonably be construed as sexually motivated or intended can be the basis of a claim of sexual harassment.
Let the Romero Law Group Protect Your Rights as an Employee
At the Romero Law Group, PLLC, we handle a wide range of legal issues for employees in Westchester County, Rockland County and Orange County in New York; and across Northern New Jersey, including all matters related to sexual harassment. We offer a free initial consultation to any employee with a potential employment law dispute. To schedule an appointment, contact our offices online or call us at (631) 257-5588.