Definition of Sexual HarassmentThe definition of sexual harassment is ... . . . Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when ... . . . Submission to such conduct is made either explicitly a term or condition of an individuals employment ... or, Submission to, or rejection of, such conduct by an individual is used as the basis for employment decisions affecting such individual. ... or, Such conduct has the purpose or effect of unreasonably interfering with an individuals work performance or creating an intimidating, hostile, or offensive working environment. Two extreme examples of Sexual Harassment in the Workplace EEOC The United States Equal Employment Opportunity Commission - also known as the EEOC is the governmental agency that enforces Title VII of the Civil Rights Act of 1964 and investigates allegations of complaints based on race, color, religion, sex or national origin. Complaints of sexual harassment to the EEOC must be filed within 300 days of the date the last discrimination or harassing act occurred in order to be considered timely. A LEADERSHIP SERIES FOR SUCCESSFUL LIVING! I would include wording in my employee handbook that covers this policy. Conduct is Unwelcome The basis for sexual harassment law are that the conduct is unwelcome. If the conduct is welcome, there is no basis for claiming sexual harassment. However, even when the conduct started as being welcome but due to circumstances one of the individuals decides that it is no longer welcome, and the other individual does not stop, the conduct can then be considered as sexual harassment. Also, a third party can be offended by consensual sexual behavior or comments in the work area even where the parties participating in the conduct consent. Severe and Repetitive Conduct! The conduct must be severe and occur often enough as to create an offensive and hostile workplace. The less severe the conduct, the more it needs to happen in order to create a legal claim. The more severe the conduct, the less often it needs to occur to create illegal behavior. The harassment must create an atmosphere to the point that the victim can no longer perform their job. Most of the time a sexual harassment claim takes repetition of the offensive conduct. In other words the harassment is generally judged by how severe the conduct is and how often it occurred. Reasonable Person Standard The reasonable person standard is used to determine whether or not the conduct was offensive. What would a reasonable person have done. The courts look at how the victim perceived the conduct, what the victim's response was, and how the employer handled the incident. Included in the mix is that different individuals handle sexual conduct differently. The courts may consider the person's background and culture when considering whether the conduct was reasonable. I have provided more information on the definition of sexual harassment and some sexual harassment examples on the following links... 1.
Quid Pro Quo Sexual Harassment & Hostile Work Environment.
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