Same-Sex Sexual Harassment Is on the Rise

August 26, 2010

One image that people have when they hear the term "sexual harassment" is of a man being accused of sexually harassing a woman. However, all across the country more and more men are coming forward with claims that they have been harassed, often times by other men.

In 2008 13,867 charge receipts of sexual harassment were filed with the Equal Employment Opportunity Commission (EEOC). Of those, approximately 16% were filed by men, more than double the number of claims filed by men a decade earlier.

Part of the reason for the influx of claims by men is that claims of same-sex sexual harassment have only been legally recognized since 1998. In Oncale v. Sundowner Offshore Services, the U.S. Supreme Court held that same-sex sexual harassment was actionable under Title VII of the Civil Rights Act of 1964.

While the EEOC only keeps records of the sex of the individual filing the claim and not the sex of the accused harasser, James Ryan, an EEOC spokesman, states: "Anecdotally, we have noticed that there have been more cases [of same-sex sexual harassment suits]."

David Grinberg, a spokesman for the EEOC, notes: "While some people may think sexual harassment of male employees is a joke, the issue is real."

Reasons for the Increase of Same-Sex Sexual Harassment Claims

There may be several reasons for the increased number of same-sex sexual harassment claims made by men. However, one of the reasons may not be an attempt to be flirtatious.

When men harass other men, it is often an attempt to embarrass the victim. According to Marcia McCormick, associate professor at Saint Louis University School of Law: "Sexual harassment is about using power in a way to hurt somebody."

Another reason may be as a result of the economic downturn. Many men may feel as though their jobs are at risk and they may target co-workers that they see as a threat. Michele Paludi states: "By creating a hostile work environment, co-workers might miss deadlines or get negative performance reviews. The harasser might just be thinking, 'Better them than me.'" If the harassment is severe enough, the victim might even quit. Either way, the harasser feels more secure in his role at the company.

Do Not Put up With Harassment

Sexual harassment, no matter who is the target or the aggressor, is wrong. If you are experiencing a hostile work environment, talk with an experienced employment law attorney.

Article provided by Navarette Law Firm
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