Sexual harassment at work has a massive and lasting effect on an individual’s mental health and well-being. It can affect how a person functions at work, often spilling over to their life even after work hours.
Traditionally, sexual harassment occurs in or near the workplace. However, with the immense popularity of the internet, more channels have opened up for this type of malicious behavior. Social media sites have paved the way for employees to connect and interact outside the workplace, but it also has allowed for sexual harassment to occur anytime and anywhere. When employees engage in this type of behavior with their coworkers, companies should be held liable.
Sexual Harassment Can Take Many Forms
Sexual harassment at work encompasses a wide range of behaviors and actions, all of which involve unwelcome advances on an employee. They could either be physical, verbal, or non-verbal. These behaviors can include suggestive and offensive jokes, comments, gestures, or imagery. They can also come in the form of indecent exposure, lascivious looks, or unwanted physical contact.
Sexual harassment typically takes the form of a hostile work environment or a quid pro quo. The former refers to unwelcome and pervasive gender- or sex-related behaviors that create an unstable, offensive, or intimidating work environment.
On the other hand, a quid pro quo (“this for that”) involves demanding sexual favors or behaviors from an employee under some condition. This could be in exchange for a favorable outcome such as a promotion, a raise, or better assignments. It could also occur under threat such as termination or demotions.
Online Sexual Harassment
Social media allows employees to interact outside of work and after hours. Although sexual harassment in the past was largely confined to the workplace, these online channels have opened up a new venue for employees to make unwanted sexual advances, send offensive jokes and comments, engage in sex-related cyberbullying, and share disturbing images to their coworkers.
Thanks to the internet, harassers now have the ability to follow their victims anytime and anywhere. They may do so through emails, company communication channels, or social media websites such as Facebook, Twitter, Instagram, or LinkedIn.
Should a Company Be Liable for Online Sexual Harassment?
If an employee obtains their coworker’s online communication channels (such as social media) and begins sharing unsolicited materials, it constitutes a violation of the victim’s rights. The company may be liable for these damages, especially when the offender is in a privileged position (e.g., a supervisor or employer).
Even if the malicious behavior happens on a platform that the company does not control, they may still be liable because it occurred due to the employment relationship. If the employer gains knowledge of the sexual harassment between employees, it’s their obligation to address the issue and stop it immediately.
Contact a Sexual Harassment Attorney
Sexual harassment is a damaging act that violates the rights of an employee. It harms their career and impacts their overall well-being. With the rise of social media, this malicious behavior can now occur anytime and anywhere. If you are experiencing sexual harassment inside or outside the workplace, it’s best to seek legal help.
Looking for a seasoned lawyer who’s well versed in New York sexual harassment laws? Consult the Law Offices of Ronemus & Vilensky. We are qualified harassment lawyers who are dedicated to helping you get the compensation and justice you deserve. Contact us at 212-779-7070 or fill out our free, no-obligation form today.