11/30/2019
Facts About Sexual Harassment
Sexual harassment is a form of s*x 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 s*xual advances, requests for s*xual favors, and other verbal or physical conduct of a s*xual nature constitute s*xual 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 s*x.
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 s*xual 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 s*xual harassment, EEOC looks at the whole record: the circumstances, such as the nature of the s*xual 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 s*xual harassment in the workplace. Employers are encouraged to take steps necessary to prevent s*xual harassment from occurring. They should clearly communicate to employees that s*xual harassment will not be tolerated.
