Q: One of my employees advises me that he has been sexually harassed. What exactly does that constitute and what do I do?
What constitutes sexual harassment?
The Equal Employment Opportunity Commission defines harassment as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.
What are some specific examples of behavior that could be considered sexually harassing?
Direct or indirect threats or bribes for unwanted sexual activity; sexual innuendoes and comments; intrusive, sexually explicit questions; sexually suggestive jokes; vulgar behavior; unwelcome touching or brushing against a person;spreading rumors about a person’s sexuality or failure to conform to gender “norms”; pervasive displays of pictures, calendars, cartoons, or other materials with sexually explicit or graphic content; bullying an employee based on his or her gender; and attempted or actual sexual assault.
Finally, you will need to document the problem and refer to the employee manual and internal procedure to handle the problem. Sexual harassment between employees is a very difficult issue that causes most employers great concern. With that, be sure to follow the procedures and if necessary, consult your legal counsel. To offer additional advice, I would need additional facts.
Editor's note: The information in this column is not intended as legal advice but to provide a general understanding of the law. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances.
