The recently filed JP Morgan sexual harassment lawsuit filed against JP Morgan highlights the problem of such behavior in the workplace. In this instance, it is a male subordinate who filed suit against a female superior alleging sexual harassment in the workplace.
Sexual harassment in the workplace is nothing new and it takes place more often than you think. It is also not confined to large companies or institutions. Such harassment occurs in workplaces that have little or no reporting requirements or those requirements are poorly defined. Companies that do not train their employees and have no specific policies enshrined in the employee manuals are prime targets for sexual harassment.
On some occasions, the harassment begins at an after hour work place event or during a holiday party where alcohol is served. In most cases, employers are still responsible for the conduct of their employees.
Sexual harassment can include a variety of behaviors, including unwelcome sexual advances or unwanted touching, offensive remarks about a person’s sex (such as making offensive comments about women, for example), or requests for sexual favors. Any person, regardless of sex or sexual orientation, can be a harasser or a victim of sexual harassment. A harasser can be a supervisor, co-worker, or even a third-party who is not employed by the employer, such as a customer or client.
Some examples of conduct that courts have found to violate Title VII, either by itself or when paired with other actions, include:
- threats of sexual violence
- unwanted touching, such as hugging, kissing, groping, fondling, or digital penetration
- asking about a person’s sexual fantasies and sexual preferences
- making lewd gestures
- frequent jokes of a sexual nature or using stereotypes about a person’s sex
- using offensive or crude words or phrases, such as slurs or offensive terms based on a person’s sex
- stalking, sending unwanted letters or notes, placing unwanted phone calls or emails, or repeatedly asking a person out on a date, even after that person has declined, or
- spreading rumors about a person’s sexuality or sex life.
If you believe you are the victim of sexual harassment at the workplace, contact us today for a free initial consultation.
