Sex (Gender) Discrimination and

Harassment (Including Sexual Harassment)

There are Two Types of Gender Discrimination
Gender discrimination is a broad term used to describe two types of unlawful workplace
behavior.

1.The first of these involves making decisions that confer an employment benefit
solely based on an employee’s gender or sex. Some examples of this type of
behavior are refusing to hire a woman, giving a woman a promotion over a man solely
because of his gender, or paying women less money than men to do the same job.

2. sexual harassment. The most common type of sexual harassment is hostile work
environment discrimination. This occurs when a co-worker’s or supervisor’s behavior
creates a hostile, intimidating, or offensive environment at work. Behavior that interferes
with a person’s ability to do his or her job may also create a hostile work environment.

There are plenty of examples of conduct that could create a hostile work environment,
including:

 Unlawful or inappropriate touching;

 Unwelcome sexual advances;
 Sexually charged comments or jokes;
 Blocking, trapping, or otherwise intimidating movements;
 Non-sexual but inappropriate comments about gender.

Keep in mind that men can be the victims of sexual harassment, too. Additionally,
sexual harassment is not limited to parties of the opposite sex. Men can sexually harass
men, and women may harass women.

There is another form of sexual harassment called quid pro quo harassment.

Employers can commit quid pro quo harassment if they offer some employment benefit
in exchange for a sexual favor or other sexual behavior. Offering a person, a job on the
condition that he or she sleep with the boss is a classic example of this type of
discrimination.
What Does ‘Quid Pro Quo’ Mean?

“Quid pro quo” literally means “this for that” in Latin. Quid pro quo sexual harassment
occurs when employment, pay, benefits, title, position or other opportunities for
advancement or training are conditioned on the submission to unwelcome sexual
advances. Whether the harassment is explicit or implicit, it is illegal.

What are the examples of harassment?

 derogatory jokes
 racial slurs,
 personal insults
 expressions of disgust or intolerance toward a particular race.

Abuse may range from mocking a worker's accent to psychologically intimidating

employees by making threats or displaying discriminatory symbols.

MOST COMMON TYPES OF HARASSMENT IN THE WORKPLACE 

Discriminatory harassment
Discriminatory harassment occurs when someone harasses another person because of
the victim’s membership in a protected class. Workplace harassment that is based on a
person’s protected characteristics is unlawful under state and federal law. Some of the
different types of discriminatory harassment will be described in more detail below.
Harassment based on race
Racial harassment is harassment of a victim because of his or her skin color, race,
ancestry, or citizenship status. If the harassment is based on the perception that a
person is a race, the mere perception is enough to qualify as prohibited racial
harassment. Racial harassment might include slurs, insults, racist jokes, degrading
comments, racial disgust, and other behaviors.
Harassment based on gender
Gender harassment occurs when coworkers, supervisors, or third parties discriminate
against someone at work based on the victim’s gender. Often, gender harassment
occurs because of negative stereotypes about how women and men should act. Both
men and women can be victims of gender discrimination.
Harassment based on religion
Religious harassment sometimes overlaps with harassment based on race, but it is
more focused on the religious beliefs of the victim. Religious harassment can include
intolerance towards the victim’s religious customs, traditions, holidays, and clothing. It
can also include negative religious jokes, degrading comments, and pressure to convert
to a different religion.
Harassment based on disability
Workplace harassment based on a worker’s real or perceived disability is illegal. It is
also unlawful to discriminate against a worker because of his or her relationship to a
disabled person or because the worker uses disability services. Disability harassment
can include joking, patronizing behavior, isolation, and refusals to provide reasonable
accommodations.
Harassment based on sexual orientation
Workplace harassment based on sexual orientation is gaining greater recognition. This
occurs when victims are harassed because their sexual orientations are different from
the people around them. People of any type of sexual orientation may face this type of
harassment. For example, a heterosexual man might be harassed for working as a
hairdresser while a homosexual man might be harassed when working in a construction
job.
Age-related harassment
The Civil Rights Act of 1964 prohibits discrimination based on the age of workers who
are 40 or older. In New Jersey, the Law Against Discrimination prohibits age-related
discrimination of workers who are any age. Age-related harassment can include insults,
teasing, unfair criticism, and being left out of meetings or activities based on the
worker’s age.
Personal harassment
Personal harassment is a type of harassment at work that is not discriminatory. It is also
called bullying, and it is not illegal. Personal harassment can include offensive jokes,
comments, humiliation, criticism, ostracism, and intimidation.
Physical harassment
Physical harassment is a type of workplace harassment that includes physical threats or
attacks. In some cases, it can be an assault. Physical harassment may be criminal.
Some examples of physical harassment include the following:
 Threats of harm
 Hitting, shoving, or kicking
 Threatening behavior
 Destruction of property to intimidate someone
 People in certain industries, including health care, law enforcement, social
services, and education, have a higher risk of workplace violence.
Power harassment
Power harassment occurs when there is a difference in power between the victim and
the harasser. The harasser bullies someone who has a lower status in the workplace
hierarchy. Power harassment can include making excessive demands, demeaning
comments, intruding into the worker’s personal life, verbal intimidation, or physical
harassment.
Psychological harassment
Psychological harassment involves actions that harm a victim’s psychological wellbeing.
This can negatively impact the victim’s work life, health, and social life. Workplace
psychological harassment might include isolating the victim, ignoring the victim, belittling
the victim, and more.
Online harassment
As more employers embrace technology, the potential for online harassment increases.
Workplace online harassment can include such things as spreading gossip about the
victim online, sharing humiliating information by mass chat, or sending harassing text
messages to the victim.
Retaliation harassment
Retaliation harassment is a type of harassment that is perpetrated to retaliate against
someone for participating in a lawfully protected activity. For example, if a worker
reports his or her employer to OSHA for safety violations, the employer might try to get
revenge by harassing the worker. This is illegal.
Sexual harassment
Sexual harassment is harassment in the workplace that is sexual and can include
unwanted sexual conduct, advances, or behavior. It is a type of illegal discrimination.
Some examples of sexual harassment at work can include the following:
 Sharing sexual photographs
 Posting sexual posters
 Inappropriate sexual touching or gestures
 Sexual jokes, comments, or questions
 Invading someone’s space in a sexual manner
 Both men and women can be victims of workplace sexual harassment.
Quid pro quo sexual harassment
Quid pro quo sexual harassment is a form of workplace sexual harassment that is
based on an exchange. For example, if a supervisor conditions a promotion or other
benefits on an employee providing sexual favors, it is prohibited quid pro quo sexual
harassment. Quid pro quo sexual harassment can also occur when the harasser
engages in blackmail to coerce a worker into a sexual act. This type of harassment can
be express or implied.
Harassment by third parties
Third parties can also harass people in the workplace. For example, a harasser can be
a client, customer, supplier, or vendor. The victims of this type of harassment often hold
low-status jobs such as cashiers. Employers still are responsible to take steps to
prevent harassment even if it is perpetrated by a third party.
Verbal harassment
Frequently, verbal harassment results from personality conflicts. It is frequently not
illegal. A verbal harasser can simply be someone who is consistently unpleasant. Verbal
harassment can include insults, cursing, yelling, or threats in private or public. If verbal
harassment is based on a person’s protected class, however, it is illegal.

Sexual Assault of Men and Boys

Men and boys who have been sexually assaulted or abused may have many of the
same feelings and reactions as other survivors of sexual assault, but they may also face
some additional challenges because of social attitudes and stereotypes about men and
masculinity.
Common reactions
Men and boys who have been sexually assaulted may experience the same effects of
sexual assault as other survivors, and they may face other challenges that are more
unique to their experience.
Some men who have survived sexual assault as adults feel shame or self-doubt,
believing that they should have been “strong enough” to fight off the perpetrator. Many
men who experienced an erection or ejaculation during the assault may be confused
and wonder what this means.

The following list includes some of the common experiences shared by men and boys
who have survived sexual assault. It is not a complete list, but it may help you to know
that other people are having similar experiences:

 Anxiety, depression, post-traumatic stress disorder, flashbacks,

and eating disorders
 Avoiding people or places that remind you of the assault or abuse
 Concerns or questions about sexual orientation
 Fear of the worst happening and having a sense of a shortened future
 Feeling like "less of a man" or that you no longer have control over your own
body
 Feeling on-edge, being unable to relax, and having difficulty sleeping
 Sense of blame or shame over not being able to stop the assault or abuse,
especially if you experienced an erection or ejaculation
 Withdrawal from relationships or friendships and an increased sense of
isolation
 Worrying about disclosing for fear of judgment or disbelief

Who are the perpetrators of sexual assault against men and boys?
Perpetrators can be any gender identity, sexual orientation, or age, and they can have
any relationship to the victim. Like all perpetrators, they might use physical force or
psychological and emotional coercion tactics.
Can being assaulted affect sexual orientation?
Sexual assault is in no way related to the sexual orientation of the perpetrator or the
survivor, and a person’s sexual orientation cannot be caused by sexual abuse or
assault. Some men and boys have questions about their sexuality after surviving an
assault or abuse—and that’s understandable.
How to support male survivors
 Listen. Many people in crisis feel as though no one understands them and
that they are not taken seriously. Show them they matter by giving your
undivided attention. It is hard for many survivors to disclose assault or abuse,
especially if they fear not being believed because of stereotypes about
masculinity.
 Validate their feelings. Avoid making overly positive statements like “It will
get better” or trying to manage their emotions, like “Snap out of it” or “You
shouldn’t feel so bad.” Make statements like “I believe you” or “That sounds like
a really hard thing to go through.”
 Express concern. Tell them in a direct way that you care about them by
saying something like “I care about you” or “I am here for you.”
 Do not ask about details of the assault. Even if you are curious about
what happened and feel that you want to fully understand it, avoid asking for
details of how the assault occurred. However, if a survivor chooses to share
those details with you, try your best to listen in a supportive and non-judgmental
way.
 Provide appropriate resources. There may be other aspects in men’s lives
that could limit their ability to access resources and services after experiencing
sexual assault or abuse. For example, trans men may face barriers when
navigating medical care or black men may have concerns about reaching out to
law enforcement. Be sensitive to these worries, and when supporting a survivor
try your best to suggest resources you feel will be most helpful.
How could this affect their relationships?
Coming forward about surviving sexual assault or sexual abuse can be difficult. It
requires a lot of trust and understanding both for you and the person you choose to tell.
You can find answers to some of the questions you might have about telling a partner
at 1in6.
How being women harass?

Sexual Harassment of Women explores the influence of sexual harassment in

academia on the career advancement of women in the scientific, technical, and medical
workforce.

Effects of Sexual Harassment

Sexual harassment at work can have very serious consequences both for the harassed
individual as well as for other working women who experience it secondhand.
The consequences to the individual employee can be many and serious.
 In some situations, a harassed woman risks losing her job or the chance for a
promotion if she refuses to give in to the sexual demands of someone in
authority.
 In other situations, the unwelcome sexual conduct of co-workers makes the
working conditions hostile and unpleasant- putting indirect pressure on her to
leave the job.
 Sometimes, the employee is so traumatized by the harassment that she suffers
serious emotional and physical consequences and very often, becomes unable
to perform her job properly.
According to data compiled by Equal Rights Advocates, a women’s law center in the
U.S., 90 to 95% of sexually harassed women suffer from some debilitating stress
reaction, including anxiety, depression, headaches, sleep disorders, weight loss or gain,
nausea, lowered self-esteem and sexual dysfunction.
 Sexual harassment has a cumulative, demoralizing effect that discourages
women from asserting themselves within the workplace, while among men it
reinforces stereotypes of women employees as sex objects. Severe or pervasive
sexual harassment in certain types of businesses creates a hostile or intimidating
environment that causes women to leave their jobs and look elsewhere for work
or discourages them from seeking those jobs in the first place.
The effect on the morale of all employees can also be serious. Both men and women in
a workplace can find their work disrupted by sexual harassment even if they are not
directly involved.Sexual harassment can have a demoralizing effect on everyone within
range of it, and it often negatively impacts company productivity on the whole.

Is theirs a law in sexual harassment?

  Republic Act 7877: Anti-Sexual Harassment Act of 1995
AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE
EMPLOYMENT, EDUCATION OR TRAINING ENVIRONMENT, AND FOR
OTHER PURPOSES.

Republic act against gender discrimination in the Philippines

REPUBLIC ACT NO. 9710- The State affirms women's rights as human rights and shall
intensify its efforts to fulfill its duties under international and domestic law to recognize,
respect, protect, fulfill, and promote all human rights and fundamental freedoms of
women, especially marginalized women, in the economic, social, political, cultural etc.

Video that show a harassment

https://youtu.be/48Fg-j11XE0

https://youtu.be/W0kTPurhEzM

https://youtu.be/YSfZG2QAVM

Source:

https://www.maineemployeerights.com/sex-gender-discrimination-and-harassment-
including-sexual-harass.html
https://www.wmlawyers.com/oakland-sexual-harassment-attorneys/eeoc-definition/quid-
pro-quo-harassment/
https://www.rainn.org/articles/sexual-assault-men-and-boys
https://pcw.gov.ph/republic-act-7877-anti-sexual-harassment-act-of-1995/
https://swartz-legal.com/what-are-the-most-common-types-of-harassment-in-the-
workplace/
http://hrlibrary.umn.edu/svaw/harassment/explore/4effects.htm

Meah Ibaan Joenard Quezon Jeremy Torres

Anabel Calisang Jay Ann Gonzales
Jomer Miraña Raymar Yadao