What is Sexual Harassment? Deliberate and/or repeated sexual or sexual based behavior that is not welcome, not asked for, and not returned.

What is a Hostile Work Environment? When an employee experiences workplace harassment and fears going to work because of an offending, intimidating or oppressive atmosphere generated by the harasser.

Qualifiers for Sexual Harassment The behavior in question has to be sexual in nature or sex-based. – In other words, behavior with some sort of sexual connotation to it or behavior that occurs because of the victim’s being male or female.

Qualifiers for Sexual Harassment The behavior in question has to be deliberate and/or repeated. – Some forms of sexual behavior are so graphic and offensive that the first time they occur they are considered deliberate, inappropriate, and sometimes illegal actions. Other forms must be repeated over and over before they become harassment.

Has Sexual Harassment Occurred? Was the behavior sexual (about sex) or sex- based? Was the behavior deliberate and/or repeated? If it was not accidental, then how often was it repeated? Was the behavior welcome, asked for, or returned?

EEOC Guidelines state.. unwanted sexual advances, requests for sexual favors, and other verbal or physical actions of a sexual nature become illegal when connected to a manager’s or supervisor’s decision regarding hiring, firing, pay, promotion, job assignment, or other aspect of employment, or when such sexual behavior interferes with an employee’s ability to perform work or creates a hostile, offensive work environment.

Facts About Sexual Harassment Victim or harasser may be male or female. Harasser can be victim’s supervisor, agent of employer, co-worker, non-employee. 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.

Who qualifies as a Supervisor? An individual that has authority to undertake or recommend employment decisions affecting the employee. An individual that has authority to direct the employee’s daily work activities.

Anti-Harassment Policy Contains: A clear explanation of prohibited conduct. Assurance that employees will be protected. Clearly described complaint process. Confidentiality of employee. Process of prompt, thorough, and impartial investigation. Assurance that immediate and appropriate corrective actions will be taken.

Employers could be liable for sexual harassment damages even: if the victim never complained to the company if the harasser is a co-worker, not a supervisor if the harasser is a customer if the harasser and the victim are the same sex if the supervisor did not pursue the investigation out of respect for the victim’s request for confidentiality

If you feel you are being sexually harassed... Inform the harasser that it is unwelcome and that it must stop.

To Prevent Sexual Harassment Employers should: Educate management and employees. Let everyone know it will not be tolerated. Designate a person to whom employees can bring concerns and complaints. Publish procedures to file a complaint. Promptly and thoroughly investigate every complaint. Provide leadership by example. Be observant of employee’s language and behavior. (call them on what may be perceived as harassment) Maintain an environment free of punitive actions against a complaintant.

Employers should not: Permit sexual jokes, teasing or innuendo to become a routine part of the environment. Allow employment decisions to be made on the basis of any reason other than merit. Allow social behavior to become confused with workplace behavior.

How to Handle Employee Harassment/Discrimination: 1. Know your rights. Know your organization’s position on racial discrimination and sexual harassment, what is legal under the EEOC guidelines, and what your employer’s responsibility is. Know the laws. 2. Keep a record of all sexual harassment & discrimination infractions, noting the dates, incidents, and witness (if any).

How to Handle Employee Harassment/Discrimination: 3. File a formal grievance with your employer. Check your company policy manual or talk with Human Resources as to the grievance procedure. If no formal grievance procedures exist, file a formal complaint with your employer in the form of a memo describing the incidents, identifying the individuals involved, and requesting that disciplinary action be taken.

How to Handle Employee Harassment/Discrimination: 4. If your employer is not responsive to your complaint, file charges of discrimination with the federal and state agencies (ex. EEOC). 5. Talk to friends, co-workers, relative. Avoid isolation and self blame. 6. Consult an attorney to investigate legal alternatives to sexual harassment behavior.