Sexual Harassment Training Key Terms

Maintain business integrity by implementing thorough sexual harassment training, including an understanding of terminology

Sexual harassment is a form of sex discrimination which may occur in the workplace. It may involve unwelcome advances of a sexual nature or a request for favors which are sexual. In order to protect a company, its integrity and its employees, it is important to utilize sexual harassment training. A part of any training would be education in the use of applicable terminology. To learn more about sexual harassment training and the key concepts covered within this training methodology, consider popular and important terms relating to this topic.

Reasonable person standard

The reasonable person standard is used in order to determine whether or not a behavior would meet the legal criteria for sexual harassment. It is designed to be objective. In the test, a reasonable person is hypothetically exposed to the case's facts and circumstances in order to determine if it is offensive to a reasonable person. This standard does not rely on stereotypes and notions of acceptable behavior in any given work environment.
EEOC.gov explains the reasonable person standard more thoroughly under the Equal Employment Opportunity Commission's guidelines. A legal definition for the reasonable woman standard, a variance of the reasonable person standard, may be found at TheFreeDictionary.com.

Reprisal

A reprisal occurs when threats are made of an unfavorable action for personnel or the withholding or threat to withhold a favorable action towards personnel as a result of an employee participating in sexual harassment.
An instance of sexual harassment and subsequent reprisals in the LAPD is explored at Feminist.org.

Hostile work environment

The work environment includes an individual or business's workplace, as well as the conditions and atmosphere of the area. It is the environment in which an individual is required to work. It is hostile when it becomes uncomfortable to work and function as a result of the sexual harassment taking place.
Hostile work environment is explored and explained at FCC.gov.

Quid pro quo sexual harassment

Quid pro quo sexual harassment is one of two types of recognized sexual harassment. In this version, an employee makes sexual advances or other harassment actions towards a subordinate wherein the subordinate's acceptance or disapproval of the action would determine a benefit or detrimental action against the subordinate by the supervisor. Employers are liable for quid pro quo sexual harassment when initiated by supervisors. As a result, they are responsible for any and all damages, regardless of "fault."
StopVAW.org explores quid pro quo sexual harassment as the most prevalent form of sexual harassment in the workplace.

Hostile work environment sexual harassment

Hostile work environment sexual harassment is the second form of recognized sexual harassment. This occurs when unwelcome sexual conduct is noted to unreasonably interfere with employees' job performances. Also, when such activity fosters a hostile, intimidating or offensive work environment for the employee(s).
UCLA.edu and ExpertLaw.com both explore hostile work environment sexual harassment, as well as offering brief definitions, explanations and additional information with respect to quid pro quo sexual harassment.

Constructive discharge

A constructive discharge takes place when an employer intentionally makes a work environment so uncomfortable that any reasonable person would find it intolerable and unproductive to work on the premises. Constructive discharge can occur only after an employee chooses to quit a job because of the sexual harassment taking place, and has given the employer a notice of the harassment, giving the employer ample time and the opportunity to rectify the situation.
Examples, causes and effects of constructive discharges can be found at Lawmemo.com.


Trusted Vendors