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Sexual harassment is a term frequently heard these days. Much like the word "stress," there is only a general sense of it's legal definition. Most people understand the words "sexual" and "harassment" separately, so it's easy to imagine that when combined, there is some implication of workplace "hanky-panky". But sexual harassment is more than just an expression of a natural attraction that may exist between women and men who work together. Sexual harassment is a form of abuse, and is both physically and emotionally damaging to victims and to the mission of maintaining a safe and enjoyable workplace.
Legally, sexual harassment is a violation of Title VII of the Civil Rights Act and Title IX of the Education Amendment. Specifically, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when submission to or rejection of such conduct is made either explicitly or implicitly a term or condition of an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating or hostile work environment. These are recognized legally as "Quid Pro Quo" and "Hostile Environment" forms of sexual harassment.
Sexual harassment may occur in a variety of circumstances, including (but not limited to):
The victim and harasser may be male or female;
The victim may be the same sex as the harasser;
Harassers may include supervisors, a supervisor from another area, co-workers, or non-employees;
Victims can include anyone affected by the offensive conduct.
Employer liability for sexual harassment is determined in two ways:
The employer knew, or should have known, about the harassment.
The employer failed to take appropriate corrective action.
Employers may be expected to know about the hostile environment if:
There was a complaint to management.
Management failed to establish a sexual harassment policy.
Harassment is openly practiced or well known among employees.
The most important factor in determining and defining an incident of sexual harassment is that it is UNWANTED. Employees subjected to inappropriate remarks, sexually offensive jokes, pictures or print, need to let the offending person know in no uncertain terms that they would like the behavior to stop immediately. For most perpetrators of sexual harassment, not setting this limit is interpreted as permission to continue.
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