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Sexual harassment is one of the most difficult
situations for employers to handle, and, unfortunately, one of the
most pervasive problems in the workplace. Sexual harassment is defined
as unlawful employment discrimination based on one’s sex. There
are two types of sexual harassment. The first, called quid pro quo
sexual harassment, is where an employer conditions employment on unwelcome
sexual advances, sexual favors or other physical or verbal sexual
contact, i.e. promotions or job conditioned on intimate relations
with your employer. The other form of sexual
harassment is knows as “hostile working” environment,
and is likewise illegal. Hostile working environment includes exposure
to unwanted sexual advances, physical contact, sexual remarks, sexual
photographs or other types of intimidating, hostile, or offensive
work environments. To prove sexual harassment based on a hostile
work environment, a pattern of sexual harassment must be established,
i.e. an isolated incident will not do unless it is a very severe
incident.
Sexual harassment is illegal under Title VII of the
Civil Rights Act, and applies whether the person being harassed
is a man or a woman or even if both the harasser and victim are
of the same sex.
What you may not know, however, is that an employer
can be held accountable for the sexual harassment by supervisors
and other employees whether or not they knew it was happening.
The Equal Employment Opportunity Commission
governs sexual harassment as a form of sexual discrimination. And,
sexual harassment does not apply to only women – men, and
so far in very limited circumstances, gays and lesbians are protected
by sexual harassment laws.
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