Sexual Harassment

Sexual Harassment refers to verbal or physical harassment that is sexual and can happen in any situation. We will be concentrating on sexual harassment that occurs in the workplace or learning environment.

Everyone has the right to feel safe and comfortable while working or being educated. Therefore you should report any sexual harassment to your boss or the relevant authorities.

Sexual Harassment in the workplace and learning environment is immoral and illegal. Behaviors such as sexual advances, physical harassment, and sexual favors all fall under sexual harassment. Even if an action isn’t directed to a specific person, it can be deemed sexual harassment.

For example, if someone comments about the women in the office, it could be classed as sexual harassment. Unfortunately, offhand comments or bullying aren’t covered under sexual harassment laws. However, they can still negatively affect the receiving party.

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By: Brad Nakase, Attorney

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5. What Is Sexual Harassment?

Sexual harassment knows no gender, race, or sexual preference boundaries. The harasser and their victim could be male, female, or non-gender binary. The most commonly heard cases are where the harasser is a boss or superior. Those are the most heinous because the victim feels like their career will be negatively impacted if they report the sexual harassment.

Sexual harassment can come from anyone, a colleague, someone you manage, a supplier who visits the office occasionally, clients, and even the postman. The following behaviors are all forms of sexual harassment:

• Sexual assault, i.e., Physical actions of a sexual nature
• Explicitly or implicitly, a sexual relationship favors continued employment or advancement.
• Verbal harassment such as jokes and comments of a sexual nature
• Unwelcome physical contact is either sexual or could be interpreted as sexual.
• Discussing sex life, kinks, fantasies, and sexual accomplishments in a professional setting
• Unwanted sexual advances
• Talking about or requesting sexual favors
• Pressure to talk about sex or enter a sexual relationship
• Indecent exposure or touching oneself sexually
• Unwelcome direct communication, including text, photos, and videos on any communication medium.

4. What Are The Differences Between Sexual Misconduct, Sexual Harassment, and Sexual Assault?

In simple terms, sexual misconduct is an umbrella term that covers anything that your workplace or school doesn’t allow but isn’t classed as sexual harassment or sexual assault. If your workplace doesn’t allow sexual relationships with clients or between staff members, any such relationship would be seen as sexual misconduct, even if it was a consensual relationship.

Sexual harassment is defined as unwelcome verbal or physical harassment of a sexual nature. While it violates civil laws, sexual harassment is not seen as a criminal act, so any cases of sexual harassment are dealt with by the workplace or school authority rather than the police.

Sexual assault, on the other hand, is a criminal offense and should be reported to the police, not just the HR department. This term covers unwanted touching or fondling of private parts and the victim being forced to have sexual contact with the offender, whether touching or oral sex.

Rape and penetration of any kind with either the offender’s body parts or another object are also classed as sexual assault.

3. Is It Sexual Harassment Only If It Happens At Work?

No, due to your primary relationship being colleagues or supervisor and subordinate, any sexual harassment in the office after work hours, conversations in the hallway, or even outside of work is still considered sexual harassment and should be reported to the relevant authority.

2. What Should I Do If I See Someone Being Sexually Harassed?

You don’t need to be aggressive or make a scene to help someone who is being sexually harassed; depending on your comfort level, you can do a few things to help alleviate the immediate situation. If you can help the person being harassed slip away, that is a win, and the person can choose what they want to do then in terms of reporting. The important thing is to keep your safety in mind and remember the mnemonic CARE.

Create a distraction:

Distract the harasser either by asking them a question about work or what they did last night or on the weekend to give the person being harassed a chance to slip away while chatting. Alternatively, you could ask the person being harassed and subtly move them out by asking them to look over something or walk with you to the kitchen while chatting. Remember, your safety comes first, so if the harasser seems like they might become violent, don’t approach.

Ask directly:

Ask the person you suspect is being harassed if they are being harassed. Offer them your support if they plan to report the harassment and sit in on any meetings with the harasser.

Refer to an authority:

This is the safest way to intervene if you worry about your safety. Look for an authority figure such as another employee, a supervisor, or a security guard to intercede for you. This also means there is another witness to the sexual harassment to back up the person being harassed if and when they report the harassment.

Enlist others:

If you are worried about your safety and don’t want to step in by yourself, enlist the help of a friend, another colleague, or another bystander to stop the sexual harassment.

1. What Are Some Of The Effects Someone Will Feel After Being Sexually Harassed?

There is a range of mental, physical, and emotional effects after being sexually harassed. We will list a few here:

• Feeling violated
• Shame and humiliation
• Guilt
• Fear
• Anxiety
• Depression
• Panic Attacks
• Drug or alcohol abuse
• Suicidal thoughts
• Panic attacks and flashbacks
• Difficulty sleeping
• Disordered eating
• Stress