Sexual harassment

Sexual harassment is harassment of a sexual nature, typically in the workplace or other setting where raising objections or refusing may have negative consequences. In American employment law and, it is any unwelcome sexual advance or conduct on the job, having the effect of making the workplace intimidating, hostile or offensive. Similar definitions have been established for academic environments. Sexual harassment is considered a form of illegal discrimination and a mild form of sexual and psychological abuse. However, psychologists and social workers report that severe and/or chronic sexual harassment can have the same psychological effects on victims as rape or sexual assault. Backlash and retaliation for complaining about the harassment can further aggravate the effects. Indeed, in 1995, Judith Coflin committed suicide after chronic sexual harassment by her bosses and coworkers. (Her family was later awarded 6 million dollars in damages.)

Prima Facie for Retaliation

Retaliation against a complainant is, unfortunately, common. Victims who speak out against sexual harassment are often labeled trouble makers, and risk hostility and isolation from colleagues, supervisors, teachers, or fellow students. They risk being given negative evaluations or low grades, sabotaged projects, denial of opportunities, and other actions against them which undermine their ability to do their work, or advance at work or school. As in cases of rape or sexual assault, the "victim" often becomes the "accused," with their appearance, private life, and character likely to fall under intrusive scrutiny and attack. Women are not necessarily sympathetic to female targets of sexual harassment; internalized sexism, along with jealousy over the sexual attention towards the victim, often encourage women to react with as much hostility towards the complainant as male colleagues. One woman reports, ?Facing up to the crime and having to deal with it in public is probably worse than suffering in silence. I found it to be a lot worse than the harassment itself.?

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Retaliation for complaining or filing a grievance is as illegal as the harassment itself, but also as difficult to prove.

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To establish a prima facie case of retaliation, a person must show by a preponderance of evidence that

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1. The person engaged in a protected activity known to the employer.

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2. The employer thereafter subjected the complaining party to an adverse decision.

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3. There was a causal link between the protected activity and adverse employment decision.

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Protected activities usually encompass making discrimination and harassment activities known to management, participating in Managing Diversity programs, assisting another employee with a discrimination complaint and other similar activities.

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