Sexual Harassment
Sexual harassment is illegal and takes on many more forms than one may expect. It can be
verbal and/or physical, and may include explicit or implicit unwelcome sexual advances,
requests for sexual favors, and/or other harassment of a sexual nature. This can come from
a male or female, to a male or female; it may be between the same sex or opposite sexes. It
may be from or to a manager, supervisor, coworker, peer, or even a customer. Sexual
harassment may even include things that aren’t of a sexual nature. For example, it is illegal
to harass someone by making general comments about the gender as a whole. A sexual
harassment victim may not even be the person harassed, but rather someone who felt
affected by the offensive behavior. Although the law does not prohibit general teasing, it
does prohibit harassment that is frequent or severe enough to cause a hostile work
environment or that results in an adverse employment decision. It is advised that the victim
directly convey to the harasser that the conduct is unwelcome. “Unwelcome” is the key
word, as welcome or invited romantic interaction between consenting people at work is not
considered sexual harassment despite its possible uncomfortable nature and/or violation of
company policy. Employers are advised to take steps to prevent sexual harassment and
communicate that it absolutely will not be tolerated. This may come in the form of
training, by establishing an effective complaint process, and by taking immediate action
when a complaint is filed.
Sexual harassment is typically divided into two categories: hostile work environment and
quid pro quo. Hostile work environment is the more common of the two and is not as
forward as quid pro quo. Hostile work environment can be defined as an atmosphere that
makes employees feel uncomfortable and may cause emotional and/or mental strain due to
offensive sexual talk and jokes, revealing images, and/or unwelcome sexual advances. This
is the more difficult of the two to define and is constantly being reinterpreted by the law.
Quid pro quo means “this for that,” and refers to an individual in a position of power
demanding sexual favors in return for a desired outcome, such as a promotion or a promise
to continue employment.
Development of Sexual Harassment Law
It is the Equal Employment Opportunity commission’s (EEOC) job to enforce all federal
employment discrimination laws, including those on the basis of sex. When filing a claim
through the EEOC, the employee may seek any of the following: reinstatement of
