Legally, there are two types of sexual harassment:
QUID PRO QUO HARASSMENT
Quid pro quo harassment is relatively easy to understand. It means that the harasser is offering the woman something in return for sexual favors-one thing in return for another. That something may be a raise, promotion or overtime, or it may be a promise that the woman won't be fired if she plies. If the behavior implies an offer, it is an example of quid pro quo harassment, whether the woman complies or refuses.
Examples of Sexual Harassment
Sexual harassment can take many forms:
Sexual harassment can include a proposition, threat of rape or rape-or it can be more subtle. Whatever form it takes, harassment has two key components: it is unwanted and it affects the victim's job.
HOSTILE ENVIRONMENT HARASSMENT
Defining a hostile environment allows for a fair amount of interpretation both in the courts and in the workplace. Some people think of it as "creeping harassment" because it usually creeps up on the victim. At first, the woman may try to shrug it off. But then it continues to the point where she feels uncomfortable, and begins to dread coming to work.
LAWS ARE NOT ENOUGH
The fact that sexual harassment remains widespread suggests that laws are not enough. Researchers believe that more than 98 percent of women who experience sexual harassment do not file formal complaints. They are afraid to come forward. The two primary reasons for this? Fear of retaliation and fear of not being believed.
Several of these options can, if necessary, be undertaken at the same time.
Appendix 1 at the end of this booklet explains the steps involved in filing an EEOC complaint , and the timelines to follow Chapters 3 and 4 emphasize steps the union should take when handling a sexual harassment grievance and when trying to prevent future problems.
Legal Framework Behind Sexual Harassment law
Sexual harassment is a form of discrimination under Title VII of the Civil Rights Act of 1964 (as amended in 1991). The Civil Rights Act prohibits employment discrimination on the basis of race, color, religion, national origin and sex. Sexual harassment is considered to be a form of sex discrimination.