Law

Is Verbal Abuse Considered Sexual Harassment in North Carolina?

Sexual harassment, either verbal or physical, is unwelcome sexual conduct. Sexual harassment at the workplace may manifest as unpleasant, violent, threatening, or frightening verbal harassment, and it can be as detrimental to employees as physical harassment. If you are worried about proving your case and need legal assistance, call an experienced Charlotte Sexual Harassment Lawyer immediately.

Various forms of verbal harassment could fall under sexual harassment. 

Offensive sexual jokes, inappropriate sexual advances, excessive and improper flirtation, requests for sexual favours and provocative or abusive emails, and insulting comments in an intimate context are just some examples. A single incident of verbal abuse at work may not be considered sexual harassment in some cases. But if the behaviour is severe and persistent that it affects the ability of an employee to perform their duties, it could be regarded as abusive. Also, some isolated incidents like an employer requesting sexual intimacy in exchange for an employee’s position can be considered sexual harassment.

Sexual harassment can be classified into quid pro quo and hostile work environments. 

  • In cases of quid-pro-quo harassment, employers assert or imply that the employee’s job security is dependent on their willingness to consent to unwanted sexual advances.
  • When an employee’s workspace is made uncomfortable due to sexual misconduct, it is known as hostile workplace harassment. 

The behaviour does not need to be directed towards one particular person, such as using offensive language at work, demeaning sex-based words, or humiliating images. The offence must be based on gender and unacceptable until a reasonable person of that gender would view it as severe or pervasive.

It is best to ask the person who harassed you to stop. 

Although it might be emotionally challenging, you don’t want the perpetrator to return after the case has been filed and claim they didn’t know that their comments caused you to feel uncomfortable. The power of confrontation can be very effective in certain circumstances. In other situations, if the harassment continues or increases, you may be subject to retribution when you confront your supervisor or boss to stop the harassment.

Accountability

Your employer’s responsibility concerning the verbal sexual harassment committed by an employee, boss, customer, client, or boss will be determined by the situation. If the harasser was your manager, they could be held solely and directly accountable for any damage. Employers could be held responsible for any verbal abuse from a customer, coworker or client only if they were aware or ought to have been aware of the harassment but failed to take corrective action immediately.

Employers cannot dismiss an employee as retaliation against reporting sexual harassment regardless of whether the harassment is severe or not.