Is Workplace Harassment Always Sexual?

The important thing to remember about a claim of sexual harassment is that it’s based on illegal conduct that takes place at work. Specifically, in the language of the instructions and rules that juries get, it is called unwanted harassing conduct. There are four types. There is visual harassing conduct, verbal harassing conduct, physical harassing conduct, and unwanted sexual advances. Sexual harassment is often based on the distinction between the genders of a power nature; it has nothing to do with actual sexual desire.

Examples Of Non-Sexual Harassment And Discrimination

Non-sexual harassment and discrimination cover various behaviors based on characteristics other than sex or gender.

Racial Discrimination

Treating someone unfavorably based on race or ethnicity, such as through slurs, exclusion, or unfair treatment in employment, housing, or public services.

Age Discrimination

Treating someone less favorably due to age, such as through employment or promotion denials, derogatory remarks, or fostering a hostile work environment based on age stereotypes.

Disability Discrimination

Unfair treatment or denial of opportunities for individuals with disabilities, including refusal of accommodations, derogatory comments, or exclusion from activities.

Religious Discrimination

Treating someone differently due to their religious beliefs or practices, such as through employment or accommodation refusals, derogatory remarks, or creating a hostile environment based on religious bias.

LGBTQ+ Discrimination

Unfair treatment or denial of equal opportunities based on sexual orientation or gender identity, including harassment, exclusion, denial of services, or unequal treatment in employment, housing, or public accommodations.

National Origin Discrimination

Treating someone unfavorably due to their country of origin, ethnicity, or accent, such as through derogatory comments, exclusion, or unfair treatment in employment or public services.

Brian Hannemann, the sexual harassment attorney of Hannemann Law Firm, provides representation and guidance for these types of non-sexual harassment legal issues.

What If The Harassment Is Not Sexual In Nature But Directed At Me Because I Am A Woman. Do I Still Have A Case?

Harassment does not have to be sexual in nature, as long as it was unwanted harassing conduct including visual, physical, verbal, or unwanted sexual advances, based on the effort of the supervisor to treat someone in a different way based on their gender. That’s what it means to be harassed. It’s not limited to sexual advances. For example, a female is at work and she is working with a male coworker and the male coworker constantly shares with her naked pictures of his dating exploits on his cell phone. The issue is the female should not have to go to a job and be subjected to that kind of behavior by a coworker. Even if the coworker has no sexual desire towards the female employee, it’s still harassment for the coworker to show sexual photographs to her.

If the female’s male coworker is gay and is showing naked images of men to the woman, that is every bit as offensive to the female coworker as it would be if it was a naked woman being shown. The issue is not gender specific. Showing images of naked people or sexual activity at work is always a problem. Talking about sexual activity at work is a problem and it doesn’t have to be directed at the victim. Of course, unwanted sexual advances at work are always unacceptable.

Same Sex Sexual Harassment Lawyer In Upland CA

Sexual harassment is not limited to the traditional stereotypes of man versus woman or woman versus man. It runs the spectrum. Sexual harassment cases can include a female engaging in unwanted harassing conduct towards a female and also can be a female towards a male. It can be a male towards a female and a male towards a male. It can be a transgender person acting in a way that’s unwanted and harassing towards a male, a female, or another transgender person. The concept is unwanted harassing conduct. If that is present, it doesn’t matter what the genders of the victims or the perpetrators are.

LBGT Workplace Harassment Lawyer, Upland CA

The sexual orientation of a person who’s claiming sexual harassment may be relevant for the issue of unwanted sexual advances, but it’s a very small discussion. If there is a lesbian at work and yet there’s a male manager who keeps talking about his desire to have sex with that female, the act of talking about the sexual activity is the problem, not that the sexual advance was made to a lesbian. It’s also not a defense for the harasser to claim that she couldn’t be sexually harassed by him because she’s lesbian. The sexual orientation of the victim doesn’t matter. What matters is the unwanted harassing conduct of the harasser and the employer’s failure to prevent it from happening.

For more information on Sexual Harassment Involving Sex, a free case evaluation is your next best step. Get the information and legal answers you’re seeking by calling (909) 833-8999 today.