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What Constitutes Sexual Harassment?
Almost everyone has witnessed inappropriate behavior in the workplace, e.g., an insensitive comment, an inappropriate email, etc. But would you recognize sexual harassment if it was occurring in your workplace or happening to you? Many employees today continue to question what defines sexual harassment. Outlined below are the legally defined types of sexual harassment and some examples to help you recognize harassment when it happens.
- Quid pro quo harassment – this type of harassment involves "this for that" exchanges. An example of this would be that a supervisor offers an employee a promotion in exchange for a sexual act. Multiple unwanted requests of a coworker or employee for a date may also fall under this category.
- Hostile workplace harassment – this type of harassment indicates a hostile environment that makes an employee(s) feel uncomfortable or threatened while working. Examples include posting of obscene material in the workplace, e.g., sexually suggestive posters or calendars, or offensive or pornographic emails. Generally, one incident will not be considered hostile work environment harassment unless it is egregious, e.g., assault. Hostile work environment harassment can be either verbal or non-verbal in nature.
- Verbal harassment - profane/crude/offensive language, inappropriate comments that are sexual in nature (whether directed at you, another, or no one in particular). Verbal harassment also includes jokes that are sexual in nature.
- Non-verbal harassment – this can include inappropriate physical actions such as brushing up against you or blocking your way intentionally with their body, making obscene gestures, and touching you inappropriately. This also includes inappropriate staring or leering. This may also include undesired physical contact, such as unwanted shoulder massages, as well as clear sexual advances.
The key elements of sexual harassment are that it is directed at a person because of their gender AND that the behavior is unwanted. If you feel that you are subject to any type of harassment, clearly set your boundaries with the offender by stating clearly that their behavior is not welcomed. If the behavior continues, document each offense and follow your organization's procedures for reporting the harassment. And remember, harassment can happen to ANY employee, regardless of gender, age, or position in the organization. Learn to recognize harassment and stop it when it happens!
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