A Hostile Environment occurs when unwelcome sexual conduct ruins an employee’s work environment.
 
When this occurs the behavior or its effect unreasonably interferes with work performance and/or creates an intimidating, hostile, or offensive environment either at work or at company-sponsored events. The behavior must be unwelcome and in most cases repeated.
 
Types of sexual harassment includes:
 
Verbal
  • Repeated unwanted requests for dates
  • Discussing personal lives or sexual practices
  • Sexually explicit or degrading words
  • Derogatory nicknames, comments, slurs, innuendos
  • Dirty/sexually explicit jokes or teasing
  • Belittling, name-calling
  • Inappropriate forms of address i.e. honey, sweetie, babe, doll, etc.
  • Suggestive or insulting sounds
  • Whistling, catcalls
  • Graphic/verbal comments about another’s dress or body
  • Encouraging or requiring an employee to wear suggestive clothing
Written
  • Unwanted emails, text messages, love poems, love letters, cards
  • Obscene poems or limericks
Visual
  • Sexually suggestive pinups, magazines, catalogs, graffiti, advertisements, calendars, flyers programs/software
  • Staring or leering
  • Obscene/suggestive gestures or looks
  • Derogatory/sexual cartoons, posters, drawings, objects or pictures
Physical
  • Patting or hugging
  • Hair stroking
  • Grabbing, pinching
  • Kissing
  • Brushing against another’s body
  • Lengthy non-business-like handshakes
  • Physical interference with normal work or movement
  • Blocking, trapping, cornering, standing too close
  • Following
  • Rape, Physical assault
  • Forced fondling
It is important to note that with this type of harassment, it doesn’t matter whether the behavior was intended to be harassing or flattering. The harassment is always defined by the victim. If the victim finds the behavior unwelcome, regardless of the intent, then it is harassment.
The courts have held employers liable in cases that involved supervisors, other employees, and/or customers or vendors.

 

justice_smCourt Case

Cheesecake Factory Will Pay $345,000 to Six Male Employees Who Agency Alleged Were Repeatedly Sexually Assaulted

In its lawsuit (EEOC v. Cheesecake Factory, Inc., CV 08–1207-PHX-NVW), the EEOC charged that Cheesecake knew about and tolerated repeated sexual assaults against six male employees by a group of male kitchen staffers. The company denied the allegations. However, according to the agency, the evidence overwhelmingly showed that the men suffered sexually abusive behavior, including abusers directly touching victims’ genitals, making sexually charged remarks, grinding their genitals against them, and forcing victims into repeated episodes of simulated rape. Managers witnessed employees dragging their victims kicking and screaming into the refrigerator, the EEOC charged.

Complaints to virtually every manager at the restaurant were made, but they never put a stop to it. Victims felt helpless, the agency said, and one finally had to call the police.



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