Sexual Harassment
Employment Law
7/27/2011
Dale Strickland |

Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when submission of such conduct is made a requirement or condition of employment, submission to or rejection of such conduct is used as a basis for employment or such conduct has the purpose or effect of unreasonably interfering with an employee’s work performance and creates an intimidating, hostile or offensive working environment. Sexual discrimination differs from gender discrimination based on the idea that sexual discrimination can be unwelcome by male or female and sexual advances of any type are used by the violator, whether physical or verbal. Gender discrimination has nothing to do with sexual advances, but is completely based upon the idea that the victim is of a male or female gender. Quid Pro Quo is basically any unwelcome advances, requests for sexual favors or any other verbal or physical conduct of a sexual nature. One example of this type of harassment is in an educational setting. A student may be made to believe that these sexual advances or requests are to be accepted in order to participate in an activity or program. These requests would be made by the professor of a University setting or a Teacher in a school environment. The teacher would use his or her authority or power to persuade the student to welcome the requests in order to be successful and pass within the educational program. Another good example would be a supervisor or a work center supervisor, in an employment situation, who would lead an employee to believe that either he or she in order to be promoted or advance within the department or organization, the sexual advances or requests are the terms or conditions and must be agreed upon. In order for sexual harassment to exist, there are six specific requirements that must be met. The employee that is alleging the sexual harassment must be in a protected class. The complaint must be gender related. This meaning that, for example, if the victim had not been a woman, the harassment would not have happened. The employee must not have consented to the advances or participated in the hostile work environment. The harassment must be based on sex. Sex, meaning that the advances or requests involved a sexual favor or a sexual act. The complaint must be such that it significantly affected the employee’s job performance. Lastly, the harassment must have occurred in a work related environment, making the employer liable for such conduct. Unreasonable behavior is also sexual intimidation that is either verbal or non-verbal and subjects members of either sex to humiliation, embarrassment or even discomfort. This may also include making stereotypical remarks about person ability, and authorizing different work assignments based on the sex of the employee, segregating employees into a same sex group or using cartoons or illustrations in the work place to intimidate the victim. A situation that may be considered “severe or pervasive” would be one of displaying pornographic material or illustrations of a sexual nature within the workplace, such as a cubicle or computer screen saver, magazines and jokes. These situations must be of a frequent nature, entail humiliation or a physical threat and also interfere with the work environment or an employee’s work performance. What is unwelcome behavior? Unwelcome behavior conduct is constituted by the fact that the recipient did not initiate it and regards the conduct as offensive. Consensual conduct is not considered harassment therefore, is not unwelcomed conduct. Unwelcome behavior or conduct may occur depending on the recipient’s reaction to the suggestion, remark or advance.

Fleet Readiness Center Mid-Atlantic Sexual Harassment Policy Draft:
As the Human Resource Director, I would like to submit the following draft or outline for you our new Sexual Harassment Company Policy. This draft contains all of the essential elements that’s should needed for the company. 1. We need a clear statement of the organization’s position on sexual harassment. 2. Include the definition of sexual harassment so that it is made clear to all employees. 3. Include the conditions under which conduct is considered harassing. 4. Include steps by step or procedures that employees should take if they experience or witness any sexual harassment in the workplace. 5. Included is the consequences and penalties for such conduct when the sexual harassment policy is violated. 6. Include the procedure for investigating a claim and resolution for the complaint.
All employees need to be informed and educated on the definition and also the severity of sexual harassment in the work place. As an organization, we are responsible for providing the education, tools and protocol to be used and followed. Our goal is not only to manage existing complaints or problem areas but education so that these complaints and situations do not exist. Education of our employees is the key to preventing the unacceptable conduct in our work environment. I recommended quarterly sexual harassment awareness training to all company employees.