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Home ENTREPRENEURSHIP

Sexual Harassment Basics – Get Certified with Clear Law

by Brand Post
January 12, 2023
in ENTREPRENEURSHIP
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Sexual Harassment Basics – Get Certified with Clear Law
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Whether it is a quiet incident or a scandal, abuse on the job can be hard to handle. It is important to report it and take the necessary steps to protect yourself and others from its harmful effects. In order to do so, you need to know what to look for and how to respond.

Pervasiveness

Historically, the standard of the pervasiveness of abuse on the job has been a tricky one. Courts have struggled to define this term, but the Seventh Circuit has reaffirmed its definition in a recent case against somebody who can’t be named because of legal reason

A “pervasive” workplace is defined as one that is “hostile” and “repeatedly inflicts humiliation or embarrassment” (www.indeed.com/hostile-work-environment).  In other words, it is a work environment that is so noxious and unwelcoming to employees that it causes an employee to feel uncomfortable, fearful, and even intimidated.

There are several factors to consider when determining whether a particular behavior is pervasive. These factors include the totality of the harassing conduct, the degree to which the victim’s emotional and psychological well-being was disrupted, and the effects the behavior had on the victim’s ability to perform his or her job.

Quid pro quo

Among the various types of abuse, this type of harassment is a type of harassment in which an employee or job applicant provides sexual favors to a supervisor in exchange for employment benefits. Besides sex, this kind of harassment can involve workplace perks such as better hours, promotions, or favorable transfers.

In order to file this specific type of harassment claim, you must first prove that the person who made the harassment is in a position of authority to make significant employment decisions. In addition, the harasser must be working for the company or organization that is the subject of the claim.

Moreover, the harasser must have the power to follow through on the offer. This is to ensure that the other party feels forced to comply.

Quietness

Historically, abuse on the job has been a sex-based issue that has plagued companies. However, despite the increased visibility of the issue, it is still a pervasive workplace problem. And while it is always important to report misconduct, there are other steps employers can take to prevent it from happening in the first place.

A major category includes legal and organizational barriers. The best way to protect workers from abuse is to change company culture. If an employee is engaging in harassing behavior, it’s important to make sure the company clearly prohibits it.

The most important thing to remember is that it is never okay to behave in a sexually inappropriate manner. It’s also important to understand the risks of fostering a culture of silence. This can lead to a more serious problem than you may expect.

Sexual Harassment Basics - Get Certified with Clear Law

Reporting

Regardless of the nature of the abuse you have experienced, you may want to consider reporting it to your employer. In most cases, your company has a policy regarding how you should handle the issue. Often, your employer will take the issue seriously and start a formal investigation process.

Before reporting your issue, you should gather evidence. Documentation will help you prove your case if your employer retaliates. This can include firing you or giving you negative performance evaluations.

You may obtain a copy of your personnel file if you ask for it before complaining. If you are unable to get this information, you will need to be creative.

Once you have collected the information, you should compile it into a detailed journal. Make sure to note where the harassment took place, the names of all those involved, and any other pertinent details. You should keep the journal in a safe location outside of work.

Ensure you document every aspect of the harassment, including the date and time of the incident, the physical responses of the harasser, the effect the harassment had on your job performance, and the relevant witnesses.

Costs

Abuse costs the employer money, as well as employee turnover, lower productivity, and absenteeism. The report estimated that the average Fortune 500 Company loses $6.7 million each year due to abuse, which Clear Law can prevent. The report also found that the cost of replacing an employee who leaves the company for reasons related to harassment is comparable to the original employee’s salary for six to nine months.

Despite the fact that abuse costs companies and individuals a great deal, there hasn’t been much research done to quantify the financial impacts. Some of the economic impacts come from taxpayer dollars, while others come from lost wages. The EEOC estimates that employers paid out $137 million in harassment claims in the fiscal year 2020, according to this article. These costs include medical fees, legal fees, lost bonuses and promotions, and forced career changes which may result in huge financial losses among other issues.


Jeena Alfredo is a passionate digital marketer at The Business Goals. She is working with other companies to help them manage the relationship with The Business Goals for the publications.



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Tags: BasicsCertifiedClearHarassmentlawSexual

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