Any
person in a management position
who uses or condones implicit
or explicit sexual behavior
to control, influence, or affect
the career, pay, or job is engaging
in sexual harassment. Sexual
harassment in the workplace
is against the law. An employer
has a legal responsibility to
provide a workplace free from
sexual harassment.
Sexual harassment is a form of sex discrimination involving unwelcome sexual advances, request for sexual favors, and other verbal and physical conduct of a sexual nature when:
-
Submission to such conduct
is made a term or condition
of employment.
- Submission to or rejection
of such conduct is used as a
basis for an employment decision
affecting the employee.
- The conduct, activities,
or displays have the purpose
or effect of unreasonably interfering
with the individual's work performance
or creating an environment which
is intimidating, hostile, or
offensive to others.
Sexual harassment can occur between co-workers as well as between employees and managers. Both forms are against the law. 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 a productive working environment, or creates an intimidating, hostile, or offensive work environment. The Equal Employment Opportunity Commission (EEOC) issued guidelines on sexual harassment requiring employers to take action to maintain a workplace free from harassment.
Action Employers should take:
- Establish and communicate a strong policy statement prohibiting sexual harassment in your workplace.
- Include the subject of sexual harassment in management training programs and employee orientation.
- Inform employees of
appropriate procedures to follow
for complaints of sexual harassment
within your organization.
- Investigate any claims
of sexual harassment promptly
and thoroughly and follow through
on appropriate sanctions for
offenders.
- Be aware of liability
in sexual harassment cases.
Corporations, individual managers
and employees may be sued and
held personally liable for their
own conduct and for the conduct
of employees whom they supervise.
The EEOC has issued various
publications that provide guidelines
for interpreting aspects of
the law relating to sexual harassment.
For more information see http://www.eeoc.gov.
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