Employers must take steps to prevent sexual harassment in the workplace.
Sexual harassment is a form of discrimination that violates Title VII of the Civil Rights Act of 1964. The Civil Rights Act applies to employers with 15 or more employees, states, local governments, the federal government, employment agencies and labor organizations.
It is illegal to harass an employee or applicant because of the person’s sex. Harassment can include unwelcome sexual advances, requests for sexual favors, or verbal or physical harassment of a sexual nature. It can also include offensive remarks about a person’s sex.
The victim and the harasser can be either a woman or a man, and the victim and harasser can be of the same sex. When comments and not behavior are at play, harassment is considered to occur when the comment or behavior is frequent or sever to create a hostile or offensive work environment.
The Equal Employment Opportunity Commission has identified that sexual harassment can occur in many circumstances, including but not limited to the following:
- The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.
- The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.
- The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
- Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
- The harasser's conduct must be unwelcome.
Employers are encouraged to take steps to prevent sexual harassment in the workplace. This can include communication that sexual harassment will not be tolerated, providing training to employees and providing a complaint procedure. Employers should take immediate action when they receive a complaint of sexual harassment. The EEOC has resources available to employers to assist with training and grievance procedures.
