Sexual Harassment in the Workplace

          According to the legal definition sexual harassment comprises all unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that is used as a basis for employment decisions, or has the purpose or effect of creating an intimidating, hostile or offensive work environment. According to the law sexual harassment can occur in a variety of workplace situations. The victim as well as the harasser may be a woman or a man. But the victim does not have to be of the opposite sex.

          Legal implications for sexual harassment can take place in three cases. First the harasser can be the victim's supervisor, the employer's agent, a supervisor, a co-worker, or a non-employee. Second case, the victim does not have to be the person harassed but could be anyone affected by the offensive conduct. Third the harasser's conduct must be unwelcome.

          For victims of sexual harassment they should keep records of all incidents including, date, time, place, names of offenders and witnesses. Victims should also tell offenders to stop the sexual harassment. If the conduct continues, the employer should be notified, perhaps using the employer's complaint mechanism or grievance system.

          The victims of sexual harassment may file a claim with the Equal Employment Opportunity Commission and also with appropriate state agency where sexual harassment is prohibited under state law. When investigating allegations of sexual harassment, the EEOC looks at the whole records: the circumstances, such as the nature of the sexual advances, and the context in which the alleged incidents occurred. A determination on the allegations is made from the facts on a case-by-case basis.
As a rule, an employer is held strictly liable for the conduct of all supervisory employees who grant or without benefits on the basis of compliance with unwelcome sexual advances. However, an employer who enforces its sexual harassment policy to prevent a hostile or offensive work environment is not liable to the victim unless the employer is aware of the situation and took no action.