Sexual Harassment

The Equal Employment Opportunity (EEOC) has defined this as “unwelcome sexual advances , request for favors, and other verbal or physical conduct of a sexual nature which takes place in the workplace” In one type of sexual harassment, a supervisor leads an employee to believe he or she will lose the job if he or she does not submit to the supervisor’s sexual advances. Or a promotion is offered in exchange for sexual favors. This is called quid pro quo ( literally, this for that”) sexual harassment.

Employees of either sex are protected from harassment by supervisors of the opposite sex or of the same sex.

The courts have also held that constant vulgar comments, unwelcome physical touching, or other sexual conduct affecting an employee’s working conditions constitute sexual harassment. This is called hostile environment sexual harassment. The U.S. Supreme Court has defined a hostile work environment as unwelcome conduct of a sexual nature that is so severe or pervasive as to change the conditions of employment. When a hostile or offensive work environment exists, there is no need to show that the employee was in danger of losing his or her job or of being denied a promotion.

Sexual harassment does not occur only in the workplace. Many types of sexual harassment occur in schools as well. There may be  harassment from a teacher against a student, a student against a teacher, or harassment from one student against another.

Studies indicate that a high percentage of both boys and girls are subject to sexual harassment. In the school setting. The US Supreme Court has ruled that that a public school system can be sued for money damages for failing to respond to known acts of student to student harassment that were severe and pervasive.

Many instances of sexual harassment go unreported because of embarrassment or fear of retaliation. However, it is illegal for a supervisor to take punitive action against an employee because the worker complains of sexual harassment. An employee can file a complaint with the EEOC or a similar state agency or file a gender discrimination case in state or federal court..

In two important 1998 decisions, the US Supreme Court ruled that an employer will be held liable for its employees sexual harassment unless it can prove that it took reasonable steps to prevent harassment and that the alleged victim failed to take advantage of the available preventive measures. These decisions encourage employers to establish policies making it clear that harassment will not be tolerated in the workplace, communicate these policies to all employees, and provide a meaningful process for handling complaints. Although the courts have been protective of the rights of victims of harassment, some criticize the development of this area of the law as an attempt to excessively control the workplace and try to regulate all aspects of male – female relationships.

There may be more than one way to handle a sexual harassment situation. It may be possible, for example, to use mediation to manage the conflict. In mediation , an impartial third party assists individuals in discussing and resolving their differences.