Sexual harassment law is dictated on both a state and Federal level. Harassment law focuses in personal situations as well as work
environments. The Civil Rights Act of 1964 contains a section specifically for
sexual harassment and other discriminatory situations. These laws are to be
followed by both employers and employees.
Under employment law, the Civil Rights Act of 1964
protects people against two forms of sexual harassment. The first
form is known as Quid Pro Quo Harassment. This refers to when a person is
subject to sexual harassment because their boss or superior has the ability to
fire or blackball them from a particular industry. In these cases an employee
will allow sexual harassment to take place so their life doesn’t fall apart. It
can be seen as a form of blackmail on the part of the employer. Harassment laws
strictly prohibit employers from making employees feel this way.
The second form is known as harassment that makes the
environment unfavorable. Many times this makes the victim jump trough hoops in
order to feel comfortable at work. Unnecessary adversity of this kind is in
violation of sexual harassment law. Many times the actions toward the victim
become abusive and offensive, making it impossible for the employee to
function.
The sexual harassment laws governing employment tend to
evaluate each case individually, since sexual harassment cases are
circumstantial. Whether the harassment occurs often, verbally, physically, or
non–verbally are all taken into account. Additionally, harassment laws will
work to ensure that the relationship between the victim and the harasser was
platonic and other factors didn’t bleed into the work environment. The laws
also offer guidelines to prevent fraudulent claims against an employer or
person. Additionally, harassment laws work very similarly on both state and local levels, with few minor
guidelines changing depending on the circumstances.
Sexual harassment law works to protect people from
feeling violated, whether it is in the workplace or in their personal lives.
Situations in which harassment is occurring can be dangerous. This can happen
after a victim reports the harassment and the harasser gets angry. In many
states restraining orders and other regulations are suggested to keep these
situations from occurring. Further, to avoid
retaliation and future harassment, sexual harassment law is strict initially.
This saves the victim time, money, and heartache, while moving them forward
past an exhausting situation like sexual harassment.
