HARASSMENT
oHarassment is defined as an “unwelcome conduct that is based on race, color, religion,
sex (including pregnancy), national origin, age (40 or older), disability or genetic
information” from a supervisor, co-worker, or non-employee, such as a customer or
supplier.
oExamples of offensive conduct include offensive jokes, slurs, name calling, physical
assaults or threats, intimidation, ridicule, insults, offensive objects, pictures, and
interference with work performance.
oHarassment becomes unlawful when the conduct is severe or pervasive enough to create
a work environment that a reasonable person would consider intimidating, hostile, or
abusive.
oA one-time minor isolated incident does not qualify as harassment. Nonetheless, minor
incidents should be brought to an employer’s attention for further investigation to
determine if a pattern is being established.
DATING, SEXUAL HARASSMENT, AND HOSTILE WORK ENVIRONMENT
oOffice romances and dating co-workers are increasingly common with more women in
the workforce and the considerable amount of time employees spend at work.
oDiscourage employees who are dating each other from exhibiting public signs of
affection at work because it damages morale and suggests signs of favoritism.
o Dating is based on mutual consent, sexual harassment is not.
oResearchers report that 26 percent of the respondents had been sexually harassed at work.
oSexual harassment occurs when:
(1) an unwelcomed sexual favor is a quid-pro-quo condition of employment,
promotion, pay increase, continued employment, or desired assignment, or
(2) offensive comments about a person’s gender or physical harassment of a
sexual nature results in a hostile work environment.
oSexual harassment includes unwelcomed sexual comments, jokes, leering, pictures, or
physical touching.
oWhen quid-pro-quo sexual harassment or a hostile environment occurs, the employer
must immediately notify the accused person to stop the offensive behavior.
oThe most common target of sexual harassment is a woman employee in a
male-dominated occupation.
oProvocatively dressed women are particularly prone to being sexually harassed
oMales are also subjected to sexual harassment, which accounts for 16 percent of the
EEOC filings in 2009.
oMost of these cases reflect two types of scenarios.
oOne situation involves males harassed by females in female-dominated
occupations, such as nursing.
oThe other situation involves males harassed as being too feminine by males in
male-dominated occupations, such as construction.
RETALIATION FOR DISCRIMINATION CLAIM