What Is Sexual Harassment At Work?

Sexual Harassment, Sexual Assault, And Sexual Misconduct: What’s The Difference?

Sexual Harassment

Sexual harassments is a type of gender-based discrimination. It is a civil rather than a criminal offense, and it is most common in the workplace. Unwanted attention, comments, demands, or sexual conduct are all examples of workplace sexual harassment.

Examples of Sexual Harassment

Harassment is more verbal in most cases, although it may also include uninvited touching, bumping, stroking, or pinching. In the workplace, there are several examples of sexual harassment:

• Sending sexually explicit photos, emails, jokes, or videos
• Making sexual gestures
• Unwanted hugs or shoulder massages
• Whistling or catcalling
• Staring in a suggestive manner or looking a person up and down
• Blocking a person’s walking path or walkway
• “Accidentally” brushing up against a person
• Asking questions of a sexual nature
• Sharing unsolicited information about your personal sex life or activity

Sexual Assault

Sexual Assault refers to unwelcome physical contact of a sexual nature. However, in order for an occurrence to be considered assault, it is not required that one’s body comes into touch with another person’s body. We’ll delve more into this issue later in the chapter when we look at examples.

Unsolicited, intentional sexual contact or behavior using force, intimidation, or authority in any setting is referred to as assault. It has a higher level of consequence than sexual harassment or misconduct and is subject to strict domestic violence laws in Los Angeles.

Examples Of Workplace Sexual Assault

• Sexual assault can occur with and without sexual contact, including when a coworker or boss:
• Engages in sexual activity against your will, whether it’s through physical contact or not.
• Penetrates without consent any part of the survivor’s body, whether vaginal, anal, or oral.
• Sexually coerces the survivor by guilting, obligating, threatening, or manipulating him or her into sexual activity.
• Exposes him or herself with the intent to gratify self or offend the survivor. Federal law does not consider this sexual assault; however, it is a crime in California under the Indecent Exposure Law.
• Masturbates in front of another when it is not welcome, similar to the Indecent Exposure Law where the survivor is forced to witness unwanted exposure.
• Uses drugs or other substances to impair a survivor to compromise his or her ability to consent to sexual activity.

Sexual Misconduct

sexual misconduct refers to any type of sexual behavior that is not welcome and/or appropriate in a professional setting. It can occur both on and off the job site. Misconduct covers any behavior that a reasonable person would find inappropriate in the workplace, whether it is requests for favors, advances, slanders, insults of a sexual nature, or any other sort of improper conversation.

It’s possible that inappropriate conduct can’t technically be characterized as either sexual harassment or assault, but it may be deemed sexual misconduct if it isn’t specifically one or the other. It’s usually less than assault but more than harassment.

Examples Of Sexual Misconduct In The Workplace

When a coworker or employer sexually harasses another employee, it might include any of the following examples:

• In exchange for a pay raise, she or he may demand sexual favors of any kind.
• Repeatedly invites a worker out, even though he or she has been denied.
• Insults a person with sexist or degrading language, as well as remarks about clothing or appearance.
• Sends emails to workers that contain sexually explicit language, images, or jokes
• A letter that is perceived to be threatening may result in a fired, deported, or low-paying job.
• When a worker doesn’t want anything to do with it, he or she is touched, rubbed, or caressed.

These outrageous behaviors not only hurt the victim, but they also put their job in jeopardy. Sexual harassment, assault, and misconduct create an oppressive work atmosphere, detract from productivity levels, and negatively impact team morale and attendance.

Sexual Harassment In The Military

Military service is an honorable thing for both males and females to perform. Unfortunately, it has become one of the most investigated workplaces in recent years due to mounting allegations of sexual misconduct and abuse. On the one hand, it indicates that survivors are stepping forward; on the other, it suggests that the abuse is still widespread.

In 2016, 14,900 service members were sexually assaulted (U.S. Department of Defense). One in four women and one in three men were assaulted by someone in their chain of command.

It’s not just that most of us are ignorant about what to do if we are sexually assaulted in the military. Furthermore, 58% of military survivors faced reprisals or retaliation for reporting the events, and one in four military sexual harassment/assault victims attempted to leave as a result. Unfortunately, little can be done in a civil (non-military) court for active military or veterans right now.

However, if you are a current member of our armed forces and were assaulted by a 3rd-party contractor while on duty, there may be options available to you. You may learn more about your alternatives by meeting with our staff. The conversation is confidential, free, and without any obligation to file a lawsuit.