Sexual harassment on the job is a violation of federal law, many state laws, and even some local laws. Many do not realize that sexual harassment, although common between members of the opposite sex, is also an issue between members of the same sex. Sexual harassment is a type of behavior that is illegal and punishable by law.
What are Some Instances of Same-Sex Harassment?
The U.S. Supreme Court ruled sexual harassment illegal under Title VII even if it is between the same sex. There was a case in which a male employee was being harassed by his coworkers. In this case, his coworkers were subjecting him to demeaning sex-related actions and even threatened rape in their verbal abuse. The courts have prohibited same-sex harassment and deemed it not requiring any mediation by sexual desire. This resulted in fault by this victim’s company or place of employment. This is due to his coworkers’ words and actions being considered voluntary and threatening, classifying it as legitimate sexual harassment.
Another example of same-sex harassment is cases related to gender. The courts have held employers accountable for cases related to workplace sexual harassment when it comes to gender stereotypes. This was also found illegal under Title VII, similar to many other cases. Any gender stereotype in terms of how a man or woman should act can be tried as harassment in a court of law when an individual is signaled out and verbally abused. An example would be a woman who has been harassed for being too masculine or man being too feminine.
There was a case in which a male waiter was accused of carrying a tray like a girl and not wanting to engage with a female coworker. Later, harassment was committed by other waiters targeting him. The federal Court of Appeals declared this case to be sexual harassment. This waiter was mistreated for not complying with his coworkers’ gender-based stereotypes of male tendencies.
Who is Responsible in Same-Sex Harassment Cases?
The law states that the employer is responsible when it comes to fault or blame. It is the responsibility of the employer to ensure, protect, and maintain a safe work environment. Therefore, employees should feel confident in reporting a sexual harassment claim in that their company will do everything they can to take effective action. Following that claim, the proper authorities should be notified. If an employer is aware of an ongoing sexual harassment issue and does not put a stop to it, they will be found responsible for their employees’ actions.
Mount Laurel Sexual Harassment Lawyers at The Law Offices of Leo B. Dubler, III, LLC, Help Employees Fight Sexual Harassment
If you have been the target of unwanted sexual advances at work from someone of the same sex, the Mount Laurel sexual harassment lawyers at The Law Offices of Leo B. Dubler, III, LLC, encourage you to speak up. We here to help. Call us today at 856-235-7075 or contact us online for a free consultation. With office locations in Mount Laurel and Atlantic City, New Jersey, we proudly serve clients from Cherry Hill, Burlington County, Camden County, and throughout South Jersey.