Author : anonymous
As stated by the United States Equal Employment Opportunity Commission, Sexual Harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. It is by definition : unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance or creates an intimidating, hostile or offensive work environment.
It may exist under these circumstances :
The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.
The harasser can be the victim’s supervisor, an agent of the employer, a supervisor of another area, a co-worker, or a non-employee.
The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
The harasser’s conduct must be unwelcome.
Two legally recognized types of sexual harassment:
Quid pro quo sexual harassment
Means “This for That”
Occurs when an individual’s submission to or rejection of sexual advances or conduct of a sexual nature is used as the basis for employment decisions affecting the individual or the individual's submission to such conduct is made a term or condition of employment.
Can only occur between two co-workers (has to have some effect on a term or condition of employment).
It is sufficient to show a threat of economic loss to prove quid pro quo sexual harassment.
A single sexual advance may constitute harassment if it is linked to the granting or denial of employment benefits.
Courts have held employers strictly liable for quid pro quo sexual harassment initiated by supervisory employees.
A subordinate who submits and then changes his or her mind and refuses can still bring quid pro quo sexual harassment charges.
Hostile environment sexual harassment
Hostile environment sexual harassment occurs when unwelcome sexual conduct unreasonably interferes with an individual’s job performance or creates a hostile, intimidating or offensive work environment even though the harassment may not result in tangible or economic job consequences, that is, the person may not lose pay or a promotion.
There are two conditions that determine liability for employers in case of hostile environment sexual harassment:
The employer knew or should have known about the harassment, and
The employer failed to take appropriate corrective action.
An employer can be held liable for the creation of a hostile environment by a supervisor, by non-supervisory personnel, or by the acts of the employer’s customers or independent contractors if the employer has knowledge of such harassment and fails to correct it.
An employer may be expected to know about the hostile environment :
If there was a complaint to management
If management failed to establish a policy against sexual harassment
If the harassment is openly practiced or well-known among employees.
Examples of sexual harassment :
verbal harassment - derogatory comments or dirty jokes.
visual harassment - derogatory or embarrassing posters, cartoons, drawing,etc.
physical harassment, and sexual favors - sexual advances, confrontation with sexual demands.
What to do if you are being harassed :
Speak up at the time
Be sure to say “NO” clearly, firmly and without smiling. There is a chance that the harasser does not realize the behavior is offensive; you must be firm in saying that you are offended. If you smile or act unsure of yourself, the harasser may thing that you are saying “Yes” instead of “NO”.
Tell somebody in a supervisory position
Let your supervisor know that you are being harassed. If your supervisor is the harasser, or you feel uncomfortable talking to your supervisor about the issue, other people you may go to include: your supervisor’s manager, the Director of Human Resources, the CEO, or the CFO
Remember this:
Sexual harassment must be unwelcome.
The intent of the harasser is not considered in determining if harassment exists, only the perception of the action by the victim.
If you are in a supervisory position you MUST report any knowledge of sexual harassment.
Confidentiality cannot be guaranteed during an investigation, but only those parties that have a “need to know”, will be aware of the investigation.
Sexual harassment can occur anywhere, it does not have to be within the confines of the workplace.
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