Times might have changed, and women might have risen to prominence, but that in no way means that we live in a utopian era, where women enjoy the similar status as men.
It was only last year, during the US’ Presidential elections, that a video of Donald Trump surfaced where he could be seen severely objectifying women.
The video reminds us of certain cruel aspects of the society that we ourselves have forged. A society that is seemingly harsh and extremely hostile towards women. Time and again, instances of sexual harassment and assault have emerged that pose a big question on the face of humanity: when will the society stop objectifying women, when will the society begin to value them for the person they are?
In this article, we’ll cover sexual harassment in detail, including the definition of sexual harassment, and also the types of sexual harassment. This is a sincere effort to liberate every woman out there, and a prudish reminder for all the men who feel it’s totally normal to exploit women in different ways and vice-versa for there have been a ton of unreported cases of sexual harassment against men. Take a look:
According to the United States’ Supreme Court, sexual harassment is “any type of sexual contact or behavior that occurs without the consent of the other person.” Basically, sexual harassment is an umbrella term that encompasses everything that a man or woman feels uncomfortable with or doesn’t consent to.
However, many lawyers feel that there has been a huge error in policy-making. The definition of an act of sexual harassment is extremely subjective and can be twisted, in order to, suffice one’s agenda. Also, the laws are subject to change in every state. So, what might be an extremely severe case of sexual harassment in one state might be absolutely fine with the other.
Having said that, times are changing, and the government is taking steps, in order to, further the implementation of the law and make it more robust. The law divides sexual harassment cases into two categories. Let’s take a look at them.
(Image Courtesy: US News Money)
In general, there are two kinds of recognized sexual harassment. They are decided by the type of act, and its severity.
#1. Quid Pro Quo Harassment
The first type of recognized harassment by the government is the quid pro quo. If a person in authority, like a senior, offers any work related perks, including promotions or appraisals in return of a sexual favor, it falls under this category. In fact, even if an employer asks a female employee to dress in a particular way if she wants to get a promotion, it is seen as an act of sexual harassment. According to the law, even a single instance of quid pro quo harassment is enough for the recipient to register a complaint.
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#2. Hostile Work Environment Harassment
If the conduct of an employer or a colleague is unwelcoming, pervasive, and of sexual nature, such that a woman finds the workplace as a hostile environment, then it makes grounds for a legal discourse for hostile work environment harassment. If the recipient chooses to take legal action under these circumstances, then there are a few things that the court looks at keenly. That includes- the nature of assault- if it was physical or verbal, the frequency of harassment taking place in a workplace, whether or not the conduct was hostile and offensive, if other people were responsible for perpetrating the harassment, if the harassment was directed towards one or a group of individuals
(Image Courtesy: Sexual Harassment Attorney)
Unlike the quid pro quo sexual harassment type, hostile work environment related complaints can only be registered if the conduct of people remains pervasive, and sexually offending for a longer period of time.
#1. Women who are constantly harassed at their workplaces tend to believe that there is some flaw in them- either in the way they dress or look, that excites their male colleagues. However, that is not one bit true. Also, some women incline towards the belief that a few sexual jokes or use of obscene language are a norm in any company. Always know that it is NOT okay, and the victim is never at fault.
#2. In case you have been dealing with such issues at your workplace, kindly speak it out. Being mum about incidents only boosts the confidence of the assaulter, who then, tends to believe that they can have their own way with you.
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#3. Not being mum doesn’t mean that you are just going to ask your colleagues to stay away from you. Sure, you need to do that, but along with it, bring such incidents to light in front of your authorities. Don’t forget to keep a backup of the complaints that you’ve registered. If you’ve complained against such incidents, then it will only make your case stronger in the court.
Talking about the first-ever reported case of male sexual harassment, let's take a look back in 1995 when a female supervisor at Dominos pinched a male colleague's butt. This incident took place in the United States when the US Equal Employment Opportunity Commission sued the outfit and compensated the plaintiff a sum of $2,37,000. While we talk of male sexual harassment, files and laws in India are devoid of the fact that it actually exists.
(Image Courtesy: Sexual Harassment)
However, the stark reality reports that; as many as 16% of all the sexual harassment cases go unreported in the metropolitan cities of India and no wonder why women take an undue benefit of the laws and legal accreditations filed in their favor. It's high time that the Indian Judiciary incorporate laws to support the men's stance and give them an equal share of grievance from sexual harassment.
And in the end, always remember that it is never okay, it is never your fault. Share your opinions with us on sexual harassment in the comments below.
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