Sexual harassment on the job is certainly illegal. It is a violation of an employee’s rights. Any employee who has faced harassment or discrimination needs to understand what legal steps they can take because this is not the type of treatment that they deserve.
That being said, people who commit sexual harassment will often make excuses for it. It is also important for victims to know what potential excuses they may use when considering legal action. Here are two examples to keep in mind.
1. It was just a joke
First of all, some people will say that their comments were just a joke. Maybe they said something inappropriate about another person‘s appearance or asked them an intrusive question about their sex life. When called out on this inappropriate behavior, they will say that they were just joking and that the victim is taking it too seriously. In this sense, it’s a form of victim blaming, as they try to shift the focus away from themselves. But remember that even jokes can constitute sexual harassment.
2. It was consensual
In other cases, people say that the behavior was consensual. Say that they are accused of unwanted touching in the workplace. The harasser may lie and claim that they thought the other person was interested in it.
Often, the real issue is that there is a power imbalance between the two individuals. For instance, maybe one person is a secretary and the other is the CEO. The CEO may claim that the inappropriate relationship was consensual, but was it actually consensual or was the secretary just worried about losing their job if they spoke up? This may be quid pro quo sexual harassment.
Your legal options
If you have experienced sexual harassment on the job, you need to understand all of your legal options at this time.