Sexual harassment is governed by federal law. Specifically, Title VII of the Civil Rights Act of 1964. This issue is enforced by the Equal Employment Opportunity Commission (EEOC).
Actually, there is no sexual harassment law! In 1980 it was determined by the U.S. Supreme Court that sexual harassment is actually discrimination against an individual based on their sex. The EEOC, instead of creating a special law, has issued guidelines defining what they have determined to be sexual harassment. What do those guidelines say?
Any unwelcome sexual conduct, whether physical or verbal, is considered sexual harassment if:
Submission is a condition of employment,
It is used as a basis for employment decisions.
It creates an environment or atmosphere that is intimidating, hostile or offensive, or interferes with work performance.
It's easy to understand how Item 1 and Item 2 above would be illegal. These acts are often described as extortion. It is Item 3 that is so different from our earlier mentioned "classic case." An example of a "hostile environment" might be a situation where a women is pressured for sexual favors every day by a fellow employee who works next to her. She objects to this. She is embarrassed, intimidated and finds it difficult to concentrate of her work as a result. Her career may suffer through lack of proper concentration and she may be emotionally affected by this. She is being subjected to a hostile, intimidating and offensive work environment. That is considered sexual harassment.
What sexual harassment is and what it is not.
How Human Rights Commissions (HRCs) and EEOC charges are handled, and
Seven things you can do now.
The following two items may be of value to you and are included in this web site.
The official text of the EEOC guidelines on sexual harassment.
A sexual harassment policy statement that fulfills the posting requirements for sexual harassment.
(Official Text)
Section 1604.11 Sexual harassment.
Harassment on the basis of sex is a violation of Sec. 703 of Title VII.* Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when (1) submission to such conduct is made either explicitly or implicitly as a term or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.
In determining whether alleged conduct constitutes sexual harassment, the Commission will look at the record as a whole and at the totality of the circumstances, such as the nature of the sexual advances and the context in which the alleged incidents occurred. The determination of the legality of a particular action will be made from the facts, on a case by case basis.
Applying general Title VII principles, an employer, employment agency, joint apprenticeship committee or labor organization (hereinafter collectively referred to as "employer") is responsible for its acts and those of its agents and supervisory employees with respect to sexual harassment regardless of whether the specific acts complained of were authorized or even forbidden by the employer and regardless of whether the employer knew or should have known of their occurrence. The Commission will examine the circumstances of the particular employment relationship and the job functions performed by the individual in determining whether an individual acts in either a supervisory or agency capacity.
With respect to conduct between fellow employees, an employer is responsible for acts of sexual harassment in the workplace where the employer (its agents or supervisory employees) knows or should have known of the conduct, unless it can show that it took immediate and appropriate corrective action.
An employer may also be responsible for the acts of non-employees, with respect to sexual harassment of employees in the workplace, where the employer (its agents or supervisory employees) knows or should have known of the conduct and fails to take immediate and appropriate corrective action. In reviewing these cases the Commission will consider the extent of the employer's control and any other legal responsibility which the employer may have with respect to the conduct of such non-employees.
Prevention is the best tool for the elimination of sexual harassment. An employer should take all steps necessary to prevent sexual harassment from occurring, such as affirmatively raising the subject, expressing strong disapproval, developing appropriate sanctions, informing employees of their right to raise and how to raise the issue of harassment under Title VII, and developing methods to sensitize all concerned.
Other related practices: Where employment opportunities or benefits are granted because of an individual's submission to the employer's sexual advances or requests for sexual favors, the employer may be held liable for unlawful sex discrimination against other persons who were qualified for but denied that employment opportunity or benefit.
The principles involved here continue to apply to race, color, religion or national origin.
(End of Official Text)
It is the policy of this company to prohibit sexual harassment in the workplace.
The Equal Employment Opportunity Commission (EEOC) has defined sexual harassment as any unwelcome act of a sexual nature (verbal or physical) if:
It is used as a basis for employment decisions,
Submission is a condition of employment,
It creates an environment or atmosphere that is intimidating, hostile, humiliating or offensive, or that interferes with an individual's productivity.
Each employee in this company must be allowed to work in an environment that is free from unwelcome sexual overtones.
Sexual harassment in any form is against the law and will not be tolerated. Employees who feel that they are being so subjected should bring this matter to the attention of company supervision. Each supervisor is to bring all such complaints to management for action immediately and to take steps to prevent all such acts.
We ask all employees to support our efforts to foster an open and friendly work environment that is free of such inappropriate, intimidating pressures.
Eliminating the negative impact of sexual harassment will result in a more healthy and productive work environment for us all.
(President's signature)