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Depending on the facts, either sex can be victimized by either sex in workplace sexual harassment. Harassment can take the form of raw sexual imposition or more subtle forms of verbal or other, non-contact, harassment. The aggressor may be in a supervisory role and use authority over one’s job, pay, and working conditions as a “quid pro quo” in an effort to obtain sexual favors or intimacy. On the other hand, supervisors or others may engage in the harassment just because they can, for the sheer “pleasure” involved, without trying to “motivate” the victim.
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Whatever form sexual harassment may take, the most effective legal response can occur while the conduct is still being carried out or attempted. An employer is not necessarily responsible for sexual harassment by its employees and supervisors – depending on how it seeks to prohibit the behavior and how it reacts when confronted with a complaint. Whenever possible, a victim of sexual harassment should seek legal counsel sooner rather than later.
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The question always arises to the victim of such behavior, “What will they say you did to bring this on?” Sexual harassment is nasty behavior that begets nasty defense tactics. A word to the wise complainant: Don’t give the harassers any ammunition to suggest that “You started it!” But also, don’t let them get away with it!
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