Hostile Work Environment Due to Sexual Harassment

Declaring a Work Environment Hostile and Avoiding Ethical Issues

Matthew Shively
Sexual harassment in the workplace not only causes a hostile work environment, but it also causes distress among the employees being sexually harassed. However, in order for a work environment to be hostile it must meet three criteria: (1) conduct was unwelcome; (2) conduct was severe, pervasive, and regarded by the claimant as so hostile or offensive as to alter his or her conditions of employment; and (3) the conduct was such that a reasonable person would find it hostile or offensive. Furthermore, to declare a work environment hostile, an employee does not need to prove that the sexual harassment seriously affected his or her psychological well-being nor caused injury. They just have to show that the negative conduct interfered with the harassed claimant's work performance.

When it comes to harassment, conduct must be unwelcome in the sense that the harassed victim did not ask for or provoke the conduct and felt as though it was undesirable or even offensive in nature. When offensive or harassing conduct affects the victim to the point that they cannot concentrate at work or complete the task they are suppose to due to the harassing misconduct it can be considered conditions that affected employment. Lastly, it all boils down to perception. If I was to walk down the hall at work and see one of the guys standing near the cubicle of a fellow female co-worker talking about how beautiful she was, in a more profane and offensive way, then I could perceive this to be offensive or hostile. Putting this all together there is a hostile work environment. Outside of the creation of a hostile work environment there is a key ethical issue within sexual harassment.

The key ethical issue within sexual harassment is called dual relationships of unethically intimate relationships. A dual relationship is one in which there is a personal, loving, and/or sexual relationship with someone with whom one shares professional responsibilities. Lastly, unethical intimate relationships are those in which the relationship causes either a direct or indirect conflict of interest or a risk of impairment to professional judgment. If indeed there is sexual harassment among these types of co-workers the perpetrator must show mutual consent in order to avoid harassment charges. So the question remains, was it consensual or not?

Don't let yourself fall victim to sexual harassment in the workplace and by all means get yourself out of a hostile work environment. The best thing to do is immediately report this behavior through management. No organization tolerates sexual harassment and I guarantee management does not want to see anyone working in a hostile work environment.

Published by Matthew Shively

I am a manager of civil law operations. Before this current management position I was a law instructor in the Air Force and a legal office manager. Within my organization I am a financial advisor and resou...  View profile

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