January 2, 2018

Different Understandings of Sexual Harassment

It’s clear that we are experiencing a unique cultural moment regarding sex harassment in the workplace. News stories about accused harassers break daily in the news, and the “silence breakers” were named Time Magazine’s Person of the Year. Amidst this constant conversation, a recent Reuters poll demonstrates that not everyone in the workplace has the same understanding of what constitutes sexual harassment.

The poll found that most adults agree that intentional groping or kissing “without your consent” is considered sexual harassment. People were more divided over whether “unwanted compliments about your appearance” or “dirty jokes” would be considered sexual harassment. Under the law, any of these acts can be considered sexual harassment. This poll illustrates a challenge employer’s face: ensuring that their employees behave lawfully both to protect all employees and to lower the employers risk of a lawsuit.

Interestingly, a survey by the New York Times found that 25% of men surveyed admitted to performing one action that could be classified as sexual harassment in their workplace by: telling inappropriate jokes or stories; making sexist remarks; showing sexual material; engaging in unwanted sex talk; making gestures; asking someone on a date after they said no; asking someone to be in a relationship after saying no; touching someone; stroking someone, or; sexually coercing a co-worker. Many of the men did not identify those behaviors as "harassing."

People’s perceptions of what constitutes sexual harassment are not completely in sync with their co-workers or with the law. Clear training and workplace policies are critical to ensure that employees all understand what is acceptable in the workplace.

Employers: contact us to conduct training and update policies

EMPLOYEES: Contact us if you are dealing with sex harassment at work

white line

$20 Million Pinterest Settlement May Have Lasting Effects for HR Diversity Initiatives

January 15, 2021
Gender Discrimination
A significant gender discrimination lawsuit brought by the former COO against her former employer, Pintrerest, at the end of last year may have hiring and diversity ramifications far beyond the doors of the Silicon Valley organization.

Women's Employment Still Reeling from Pandemic’s Effects

January 12, 2021
Gender Discrimination
According to the latest analysis by the Bureau of Labor Statistics, the pandemic and lockdowns continue to have an outsize effect on women’s employment in the U.S. with fewer than half (44.6%) of the jobs women lost between February and December returning. Another way of looking at it is that roughly 12 million jobs simply disappeared. Or, as Representative Katie Porter tweeted, “Women. Accounted. For. All. The. Losses.”

Paid Maternity Leave Finds an Unlikely Champion, But Is That Enough?

January 8, 2021
Pregnancy Discrimination
Paid Family Leave
On the heels of some important wins for paid leave in the 2020 election, paid maternity leave has found a new supporter. One who you might not have expected: conservative co-host of The View Megan McCain. The challenge is, as Monica Hesse notes, “how we can speed up this process so that it doesn’t require every leave-denier to personally birth a child before they also get on board.”

Get In Touch

Knowing where to turn in legal matters can make a big difference. Contact our employment lawyers to determine if we can help you.