Sexual Harassment
It
is unlawful to harass a person (an applicant or employee) because of
that person’s sex. Harassment can include “sexual harassment” or
unwelcome sexual advances, requests for sexual favors, and other verbal
or physical harassment of a sexual nature.
Harassment
does not have to be of a sexual nature, however, and can include
offensive remarks about a person’s sex. For example, it is illegal to
harass a woman by making offensive comments about women in general.
Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex.
Although
the law doesn’t prohibit simple teasing, offhand comments, or isolated
incidents that are not very serious, harassment is illegal when it is so
frequent or severe that it creates a hostile or offensive work
environment or when it results in an adverse employment decision (such
as the victim being fired or demoted).
The
harasser can be the victim's supervisor, a supervisor in another area, a
co-worker, or someone who is not an employee of the employer, such as a
client or customer.
Facts About Sexual Harassment
Sexual
harassment is a form of sex discrimination that violates Title VII of
the Civil Rights Act of 1964. Title VII applies to employers with 15 or
more employees, including state and local governments. It also applies
to employment agencies and to labor organizations, as well as to the
federal government.
Unwelcome
sexual advances, requests for sexual favors, and other verbal or
physical conduct of a sexual nature constitute sexual harassment when
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.
Sexual harassment can occur in a variety of circumstances, including but not limited to the following:
- 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 in 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.
It
is helpful for the victim to inform the harasser directly that the
conduct is unwelcome and must stop. The victim should use any employer
complaint mechanism or grievance system available.
When
investigating allegations of sexual harassment, EEOC looks at the whole
record: the circumstances, such as the nature of the sexual advances,
and the context in which the alleged incidents occurred. A determination
on the allegations is made from the facts on a case-by-case basis.
Prevention
is the best tool to eliminate sexual harassment in the workplace.
Employers are encouraged to take steps necessary to prevent sexual
harassment from occurring. They should clearly communicate to employees
that sexual harassment will not be tolerated. They can do so by
providing sexual harassment training to their employees and by
establishing an effective complaint or grievance process and taking
immediate and appropriate action when an employee complains.
It
is also unlawful to retaliate against an individual for opposing
employment practices that discriminate based on sex or for filing a
discrimination charge, testifying, or participating in any way in an
investigation, proceeding, or litigation under Title VII.
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