Sexual Harassment in the Workplace : What Is It?

Title VII of the federal Civil Rights Act of 1964 was enacted to prohibit employment discrimination on the basis of race, religion, sex and other characteristics. Until the 1970s, sexual harassment was not recognized as a form of sex discrimination, but in 1980 the U.S. Equal Employment Opportunity Commission adopted regulations defining harassment as a form of sex discrimination.

Based on the EEOC guidelines, legal experts define sexual harassment as unwelcome advances, requests for sexual favors and other verbal or physical conduct of a sexual nature that either is a quid pro quo for employment and job benefits or creates a hostile working environment.

Legal experts say the following behaviors, if unwelcome, can be construed as sexual harassment:

Verbal comments, such as demeaning questions about an employee’s sex life or body. Comments that men defend as compliments are often inappropriate in a professional relationship; for example: “I wish my wife were as pretty as you.”

Non-verbal gestures, such as outlining a person’s body parts with one’s hands or looking someone up and down with elevator eyes.

Physical acts such as touching, hugging, fondling, assault, rape or restricting an employee’s movement. A subtle example may be a supervisor standing at a doorway and not letting an employee pass.

Use of visual objects such as hanging sexually explicit posters, cartoons, calendars and pictures, or throwing office parties with nude dancers.

Using terms of endearment such as “honey,” “baby doll” or “sweetheart.”

Requiring submission to sexual advances as a basis for an employment decision or as a term or condition of employment.

Actual or threatened retaliation against a person who complains or intends to complain of sexual harassment; for example, threatening to slash a victim’s tires or beat the victim.

What You Can Do About It Experts suggest the following options if you think you’re being sexually harassed:

Confront the harasser about the offending behavior if it will make a difference.

Tell a supervisor if appropriate, or contact your company’s human resources personnel.

Write a letter to the offender, detailing what specific behaviors you want stopped and what actions you will take if the behavior continues. Date, sign and keep a copy of the letter and, with a witness, give the letter to the offender.

Keep a written record of all incidents, documenting date, time, witnesses, specific behaviors and your response.

Find support from colleagues.

File a complaint with the state Department of Fair Employment and Housing or federal Equal Employment Opportunity Commission, which will lead to an investigation of the sexual harassment charge. If the results are unsatisfactory, a lawsuit may be filed.