What are the areas of concern with respect to sexual harassment?
Sexual harassment is an unlawful employment practice in violation of Title VII of the Civil Rights Act of 1964.
Sexual harassment is unwelcome verbal or physical sexual conduct that is a term or condition of employment. There are two types of sexual harassment, "quid pro quo" and "environmental."
Quid pro quo harassment occurs when submission to verbal or physical conduct of a sexual nature, unwelcome sexual advances, or requests for sexual favors is made either explicitly or implicitly a term or condition of an individual's employment.
Example : If a manager states that an applicant will "be hired for the position" if the applicant will go out with the manager on a date, or if a manager states that an employee's performance review is coming up and a date with the manager would be "beneficial" to the employee, it would be considered sexual harassment.
Environmental harassment occurs when the unwelcome conduct unreasonably interferes with an individual's job performance or creates an intimidating, hostile or offensive working environment, even if it does not lead to any tangible or economic job consequences. Every employee has the right to work in an environment free from discriminatory intimidation, ridicule, and insult.
Because of the various state and local laws, it is very important that managers and supervisors consult these laws to determine what additional sexual harassment requirements are imposed. Be sure to check State Laws for the laws that apply in your state(s).
The list below can be used by managers and supervisors to highlight compliance issues raised by Title VII of the Civil Rights Act of 1964.
Even if an employer has a policy against sexual harassment, it can still be held liable for the actions of any of its managers or agents if it knew or should have known of the occurrence.
An employer can be held liable for the actions of its employees and even its customers, vendors, etc., if it knew or should have known of the occurrence and failed to take appropriate action.
A man as well as a woman may be the victim of harassment, and a woman as well as a man may be the harasser.
The victim and the harasser need not be of the opposite sex.
Voluntary submission to the sexual conduct will not necessarily defeat a claim of sexual harassment. Neither will occasional use of sexually explicit language nor provocative dress by the harassed necessarily negate a claim.
To defeat a claim of sexual harassment, an employer would have to show that the employee welcomed the sexual conduct by demonstrating that the employee solicited or incited the conduct, or that the employee welcomed the conduct by acting in a sexually aggressive manner.
Employers should take all necessary steps to prevent sexual harassment, including developing a written policy prohibiting sexual harassment, informing managers and employees of the policy and how to raise and pursue their rights if harassed, promptly investigating any complaints, and taking appropriate action when needed, including disciplining the offender.
Reprinted with permission. © CCH
What are the areas of concern with respect to sexual harassment? Sexual harassment is an unlawful employment practice in violation of Title VII of the Civil Rights Act of 1964. Sexual harassment is unwelcome verbal or physical sexual conduct that is a term or condition of employment.
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