Sexual harassment is any unwelcome sexual advance or conduct on the job that creates an intimidating, hostile, or offensive working environment. Any conduct of a sexual nature that makes an employee uncomfortable has the potential to be sexual harassment. Given this broad definition, it is not surprising that sexual harassment comes in many forms. The following are all examples of sexual harassment:
• A supervisor implies to an employee that the employee must sleep with him to keep a job.
• A sales clerk makes demeaning comments about female customers to his coworkers.
• An office manager in a law firm is made uncomfortable by lawyers who regularly tell sexually explicit jokes.
• A cashier at a store pinches and fondles a coworker against her will.
• A secretary's coworkers belittle her and refer to her by sexist or demeaning terms.
• Several employees post sexually explicit jokes on an office intranet bulletin board.
• An employee sends emails to coworkers that contain sexually explicit language and jokes.
• The harasser can be the victim's supervisor, manager, or coworker.
An employer may even be liable for harassment by a non-employee (such as a vendor or customer), depending on the circumstances.
Anyone Can Be Sexually Harassed
Sexual harassment is a gender-neutral offense, at least in theory: Men can sexually harass women, and women can sexually harass men. However, statistics show that the overwhelming majority of sexual harassment claims and charges are brought by women claiming that they were sexually harassed by men.
The line between harassment based on sex and harassment based on sexual orientation becomes blurred when gender-based stereotypes are at play. For example, courts have held that Title VII is violated when a woman is harassed and discriminated against because she does not act sufficiently feminine; similarly, a man who is harassed for having effeminate mannerisms and gestures is protected by Title VII.
These same employees might not be protected if their harassers relied more explicitly on homophobic slurs and remarks. Again, however, smart employers won't parse the legal details: This type of behavior detracts from productivity and morale and doesn't serve any valid purpose, so there's no reason to allow it to continue.
Strategies for Prevention
There are a number of steps that you can take to reduce the risk of sexual harassment occurring in your workplace. Although you may not be able to take all of the steps listed below, you should take as many of them as you can. Adopt a clear sexual harassment policy. In your employee handbook, you should have a policy devoted to sexual harassment.
• A supervisor implies to an employee that the employee must sleep with him to keep a job.
• A sales clerk makes demeaning comments about female customers to his coworkers.
• An office manager in a law firm is made uncomfortable by lawyers who regularly tell sexually explicit jokes.
• A cashier at a store pinches and fondles a coworker against her will.
• A secretary's coworkers belittle her and refer to her by sexist or demeaning terms.
• Several employees post sexually explicit jokes on an office intranet bulletin board.
• An employee sends emails to coworkers that contain sexually explicit language and jokes.
• The harasser can be the victim's supervisor, manager, or coworker.
An employer may even be liable for harassment by a non-employee (such as a vendor or customer), depending on the circumstances.
Anyone Can Be Sexually Harassed
Sexual harassment is a gender-neutral offense, at least in theory: Men can sexually harass women, and women can sexually harass men. However, statistics show that the overwhelming majority of sexual harassment claims and charges are brought by women claiming that they were sexually harassed by men.
The line between harassment based on sex and harassment based on sexual orientation becomes blurred when gender-based stereotypes are at play. For example, courts have held that Title VII is violated when a woman is harassed and discriminated against because she does not act sufficiently feminine; similarly, a man who is harassed for having effeminate mannerisms and gestures is protected by Title VII.
These same employees might not be protected if their harassers relied more explicitly on homophobic slurs and remarks. Again, however, smart employers won't parse the legal details: This type of behavior detracts from productivity and morale and doesn't serve any valid purpose, so there's no reason to allow it to continue.
Strategies for Prevention
There are a number of steps that you can take to reduce the risk of sexual harassment occurring in your workplace. Although you may not be able to take all of the steps listed below, you should take as many of them as you can. Adopt a clear sexual harassment policy. In your employee handbook, you should have a policy devoted to sexual harassment.
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