Sexual Harassment vs. Sexual Misconduct by:Mark Dacanay
Sexual harassment and misconduct have been used interchangeably
, and although the two are related, there are some differences with their definitions.
When one says misconduct, it really refers to the act itself. In legal terms, it is defined as a wrongful, improper or unlawful conduct that is motivated by intentional purpose or with no regard to the consequences of their actions.
While the behavior is wrong, it does not always directly affect or offend others in the workplace.
Harassment on the other hand, refers to a wide variety of offensive behavior. In legal terms, it is defined as behaviors that are found to be threatening or disturbing.
The person committing the act may not even know that his behavior is offensive until it is given attention.
Sexual Misconduct
Sexual misconduct refers to wrongful or improper acts that are sexual in nature.
Specifically, this refers to a person of authority engaging in any sexual activity with a subordinate, a customer or a client.
Common examples are sexual activities between:
A supervisor, manager or employer and an employee
A teacher and his/her students
A doctor and his/her patients
While the acts may not be explicitly illegal, it often goes against professional codes of ethics. This could lead to dismissal or revocation of the person's professional license.
Lastly, the subordinate may also allege sexual harassment.
Sexual Harassment
Sexual harassment refers to behaviors like intimidation, bullying, and/or coercion that is sexual in nature.
It may also refer to the unwelcome or inappropriate offer of reward in exchange for sexual favors.
Sexual harassment can range from simple annoyances to major offenses like sexual abuse and sexual assault.
In the US, this is also considered as a form of employment discrimination and abuse which is actionable by law.
That is why one of the major goals of most employers is developing key measures and policies to prevent sexual harassment and other forms of discrimination in the office.
There are two types of sexual harassment in the workplace. They are:
Quid Pro Quo - It literally means "this for that." This refers to the form of sexual harassment where a workplace benefit is directly tied to an employee giving in to requests of sexual favors by a person of authority like a supervisor, a manager or the employer themselves.
Examples of this type of sexual harassment are:
o Promise of a raise in exchange for a date or any sexual favors
o Threat of firing or dismissal from work if the employee does not sleep with the supervisor
Quid pro quo harassment is unlawful regardless if the victim resists or gives in to avoid the threat.
Hostile Work Environment - This is when an employee is subjected to actions that are sexual in nature. It could be comments, unwelcome physical contact or offensive sexual materials.
Some examples of this type of harassment are:
o Posting pornographic materials in the employee's cubicle
o Consistently telling dirty jokes or stories within everyone's earshot
o Allowing the use of derogatory terms like bitch, pussy, etc.
Take Action
If you are a victim or has knowledge of sexual harassment and misconduct, it is important to report the incident to the proper authorities such as your immediate supervisor or HR department.
You should also get assistance form an employment attorney to protect your rights and prevent retaliation.
About the author
If you have been a victim of sexual harassment and misconduct in the workplace, seek legal advice from our expert employment attorneys. For more details, visit our website at
http://www.employmentattorneyservices.com/ and dial our toll free number.
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