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Legal Consequences Of Sexual Harassment

By on November 28, 2014

In any statute, sexual harassment is considered as unlawful. Sexual harassment could happen to anyone, regardless of age and gender; although likely victims are younger women. We should separate gender-based discrimination with sexual harassment, because both are not the same thing. In specific areas, sexual discriminations should be proved by the fact that tangible jobs have been lost. Claimants should show that there are discriminations on privileges of employment, conditions, terms and compensations.

With sexual harassments, victims are not required to prove that they lose a tangible benefit. It should be noted that men are also protected by sexual harassment law and they can also make proper claims. However, even if affected, men generally decline to make claims due to risk of embarrassments and other factors. In general, men are less likely to be harassed than women.

Legal Consequences Of Sexual Harassment

Many laws require employers to take positive actions to prevent occurrences of sexual harassment. It should be noted that some laws may not protect people against harassment by individuals of similar gender. In this case, sexual harassment could be defined as an interaction between opposite sexes.

The court could also consider sexual harassment as something that’s outside the scope of things that may affect job performance. Regardless of these legal definitions, we should be aware that perpetrators of sexual harassment often do these acts for their personal gratification.

In any case, it could be necessary for countries and states to promulgate and adopt regulations that can effectively address sexual harassment. In general there are three types of sexual harassments:

1. Verbal harassment:

Verbal harassments may include slurs, deregulatory comments, epithets, sexual comments, inappropriate jokes and repeated romance overtures. In this case, sexual harassments could happen if people comment about someone’s physical characteristics repeatedly, make dirty jokes, ask another person for dates and even, suggest a sexual activity.

2. Physical harassment:

Physical harassment includes physical interferences, blocking movements, touching, rubbing and direct assault. In general, employees shouldn’t have prolonged contact with one another at the office, especially if one of them is unwilling to do it. We can’t restrict others’ movement and sit on someone’s desk, which can stop them from properly doing their work.

3. Visual harassment:

Visual harassments may include leering, lewd gestures, and derogatory drawings. Employees shouldn’t make drawing that’s sexual in nature, both implicitly and explicitly. Leering, such as staring at women’s specific body parts, is considered as sexual harassment. Editing images of co-workers with sexual-related goals is also sexual harassment.

The law prohibits us from making retaliation, because this could backfire if the targeted person can’t be proven as perpetrators of sexual harassment. This could cause the actual victim of sexual harassment to be accused of poor behaviours at work. Some exceptions can make employers liable. Sexual harassment can be a rather broad area based on many different details.

Employers should minimize risks of sexual harassment in their work places and make sure interactions between employees can work as smoothly as possible. There may need to be training and seminars to prevent occurrences of sexual harassments.

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