Sexual Harassment
May 17, 2008
Sexual harassment at work occurs whenever unwelcome conduct on the basis of gender affects a person’s job, It is defined by the Equal Employment Opportunity Commission (EEOC) as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
1. Submission to the conduct is made either explicitly or implicitly a term or condition of an individual’s employment, or
2. Submission to or rejection of the conduct by an individual is used as a ,basis for employment decisions affecting such individual, or
The conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.
The United States Supreme Court has simplified matters somewhat by explaining that there are two basic types of unlawful sexual harassment. The first type involves harassment that results in a tangible employment action. An example would be a administrator who tells a subordinate that he or she must be sexually cooperative with the administrator or he or she will be fired, and who then indeed does fire the subordinate for not submitting. The burden of this crude “put out or get out” bargain is often referred to as quid pro quo (”this for that”). This kind of unlawful sexual harassment can be committed only by somebody who can make or efficiently influence employment actions (such as firing, demotion, and denial of promotion) that will influence the victimized employee.
A second type of unlawful sexual harassment is referred to as hostile environment. Unlike a quid pro quo, which only a supervisor can impose, a hostile environment can consequence from the gender-based unwelcome conduct of supervisors, co-workers, customers, vendors, or anyone else with whom the victimized employee Interacts .on the job. The behaviors that have contributed to hostile surroundings have included:
1. Unfulfilled threats to impose a sexual quid pro quo.
2. Discussing sexual activities
3. Telling off-color jokes
4. Un-necessary touching
5. Commenting on physical attributes;
6. Displaying sexually suggestive pictures;
7. Using demeaning or inappropriate terms, such as “babe”
8. Using indecent gestures
9. Sabotaging the victim’s work
10. Engaging in hostile physical conduct
11. Granting job favors to those who participate in consensual sexual activity
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