Sexual harassment

It is unlawful to harass a person (an applicant or employee) because of that person’s sex. Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.
Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general.
Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex.
Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).

The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.

Sexual harassment could include verbal harassment
like unwelcome comments about a person’s body and
inappropriate jokes. Harassment can also be online or virtual
through texts, social networking sites, or by other electronic
sources. Almost half of students in a nationally representative
survey said they had experienced some form of sexual
harassment at school (Hill & Kearl, 2011)

You should be able to feel comfortable in your place of work or learning. If you are being sexually harassed, you can report it to the authorities at your job or school.

What is sexual harassment?

Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature in the workplace or learning environment, according to the Equal Employment Opportunity Commission (EEOC). Sexual harassment does not always have to be specifically about sexual behavior or directed at a specific person. For example, negative comments about women as a group may be a form of sexual harassment.

Although sexual harassment laws do not usually cover teasing or offhand comments, these behaviors can also be upsetting and have a negative emotional effect.

What does sexual harassment look like?
Sexual harassment can occur in a variety of circumstances. The harasser can identify with any gender and have any relationship to the victim, including being a direct manager, indirect supervisor, coworker, teacher, peer, or colleague.

Some forms of sexual harassment include:

Making conditions of employment or advancement dependent on sexual favors, either explicitly or implicitly.
Physical acts of sexual assault.
Requests for sexual favors.
Verbal harassment of a sexual nature, including jokes referring to sexual acts or sexual orientation.
Unwanted touching or physical contact.
Unwelcome sexual advances.
Discussing sexual relations/stories/fantasies at work, school, or in other inappropriate places.
Feeling pressured to engage with someone sexually.
Exposing oneself or performing sexual acts on oneself.
Unwanted sexually explicit photos, emails, or text messages.

What is the difference between sexual harassment and sexual assault? What about sexual misconduct?

Sexual harassment is a broad term, including many types of unwelcome verbal and physical sexual attention. Sexual assault refers to sexual contact or behavior, often physical, that occurs without the consent of the victim. Sexual harassment generally violates civil laws—you have a right to work or learn without being harassed—but in many cases is not a criminal act, while sexual assault usually refers to acts that are criminal.

Some forms of sexual assault include:

Penetration of the victim’s body, also known as rape.
Attempted rape.
Forcing a victim to perform sexual acts, such as oral sex or penetration of the perpetrator’s body.
Fondling or unwanted sexual touching.
Sexual misconduct is a non-legal term used informally to describe a broad range of behaviors, which may or may not involve harassment. For example, some companies prohibit sexual relationships between coworkers, or between an employee and their boss, even if the relationship is consensual.

Where can sexual harassment occur?

Sexual harassment can occur in the workplace or learning environment, like a school or university. It can happen in many different scenarios, including after-hours conversations, exchanges in the hallways, and non-office settings of employees or peers.

What can I do when I witness sexual harassment?

You may have heard the term bystander intervention to describe stepping in to help if you see someone who might be in danger or at risk for sexual assault. Bystander intervention can also be a helpful strategy if you witness sexual harassment. You don’t have to be a hero to make a positive impact in someone’s life, and you can intervene in a way that fits your comfort level and is appropriate for the situation. If you choose to step in, you may be able to give the person being harassed a chance to get to a safe place or leave the situation. Below are some of the steps you can take if you see someone being sexually harassed—just remember to C.A.R.E., and of course, keep your own safety in mind at all times.

Create a distraction. Do what you can to interrupt the harassment, or distract those taking part in the harassment. But remember to make sure that you aren’t putting yourself in danger by doing this. If someone seems like they could become violent, do not draw their attention.
Ask directly. Talk directly with the person who is being harassed. If they are being harassed at work or school, offer to accompany them anytime they have to meet with the harasser. If a friend is worried about walking alone to their car at night, offer to walk with them.
Refer to an authority. The safest way to intervene for both you and the person being harassed may be to bring in an authority figure. You can talk to another employee, security guard, RA in your dorm, bartender, or bouncer, and they will often be willing to step in.
Enlist others. It can be hard to step in alone, especially if you are worried about your own safety or if you don’t think you will be able to help on your own. It may be a good idea to enlist the help of a friend or another bystander.

What are some effects of sexual harassment?

Experiencing sexual harassment may cause some survivors to face emotional, physical, or mental health concerns. Some of them might include:
Emotional effects:
Anger
Fear
Humiliation
Shame
Guilt
Betrayal
Violation
Powerlessness and loss of control
Mental health effects:
Anxiety
Depression
Panic attacks
PTSD
Difficulty concentrating
Loss of motivation
Substance abuse
Suicidal ideation
Physical effects:
Increased stress levels
Headaches
Fatigue
Sleep disturbances
Eating disturbances

Where can I learn more about sexual harassment?

Visit the Equal Employment Opportunity Commission (EEOC) to learn more about sexual harassment laws and your rights in the workplace.
If you are a minor, you can learn more at Youth at Work, EEOC’s website for youth in the workforce.

The EEOC has defined sexual harassment in its guidelines as:

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical
conduct of a sexual nature when:
· Submission to such conduct is made either explicitly or implicitly a term or
condition of an individual’s employment, or
· Submission to or rejection of such conduct by an individual is used as a basis
for employment decisions affecting such individual, or
· 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.

Unwelcome Behavior is the critical word. Unwelcome does not mean “involuntary.”
A victim may consent or agree to certain conduct and actively participate in it even
though it is offensive and objectionable. Therefore, sexual conduct is unwelcome
whenever the person subjected to it considers it unwelcome. Whether the person in
fact welcomed a request for a date, sex-oriented comment, or joke depends on all the
circumstances.

Sexual harassment includes many things…

· Actual or attempted rape or sexual assault.
· Unwanted pressure for sexual favors.
· Unwanted deliberate touching, leaning over, cornering, or pinching.
· Unwanted sexual looks or gestures.
· Unwanted letters, telephone calls, or materials of a sexual nature.
Unwanted pressure for dates.
· Unwanted sexual teasing, jokes, remarks, or questions.
· Referring to an adult as a girl, hunk, doll, babe, or honey.
· Whistling at someone.
· Cat calls.
· Sexual comments.
· Turning work discussions to sexual topics.
· Sexual innuendos or stories.
· Asking about sexual fantasies, preferences, or history.
· Personal questions about social or sexual life.
· Sexual comments about a person’s clothing, anatomy, or looks.
· Kissing sounds, howling, and smacking lips.
· Telling lies or spreading rumors about a person’s personal sex life.
· Neck massage.
· Touching an employee’s clothing, hair, or body.
· Giving personal gifts.
· Hanging around a person.
· Hugging, kissing, patting, or stroking.
· Touching or rubbing oneself sexually around another person.
· Standing close or brushing up against a person.
· Looking a person up and down (elevator eyes).
· Staring at someone.
· Sexually suggestive signals.
· Facial expressions, winking, throwing kisses, or licking lips.
· Making sexual gestures with hands or through body movements.

VERBAL
· Referring to an adult as a girl, hunk, doll, babe, or honey
· Whistling at someone, cat calls
· Making sexual comments about a person’s body
· Making sexual comments or innuendos
· Turning work discussions to sexual topics
· Telling sexual jokes or stories
· Asking about sexual fantasies, preferences, or history
· Asking personal questions about social or sexual life
· Making kissing sounds, howling, and smacking lips
· Making sexual comments about a person’s clothing, anatomy, or looks
· Repeatedly asking out a person who is not interested
· Telling lies or spreading rumors about a person’s personal sex life
NON-VERBAL
· Looking a person up and down (Elevator eyes)
· Staring at someone
· Blocking a person’s path
· Following the person
· Giving personal gifts
· Displaying sexually suggestive visuals
· Making sexual gestures with hands or through body movements
· Making facial expressions such as winking, throwing kisses, or licking lips
PHYSICAL
· Giving a massage around the neck or shoulder
· Touching the person’s clothing, hair, or body
· Hugging, kissing, patting, or stroking
· Touching or rubbing oneself sexually around another person
· Standing close or brushing up against another person

Terminology
SEXISM is an attitude. It is an attitude of a person of one sex that he or she is
superior to a person of the other sex.
For example, a man thinks that women are too emotional. Or a woman thinks that
men are chauvinists.
SEX DISCRIMINATION is a behavior. It occurs when employment decisions are
based on an employees sex or when an employee is treated differently because of his
or her sex.
For example, a female supervisor always asks the male employees, in a coed
workplace, to move the boxes of computer paper. Or, a male supervisor always asks
the female employees, in a coed workplace to plan office parties.
SEXUAL HARASSMENT is a behavior. It is defined as unwelcome behavior of a
sexual nature.
For example, a man whistles at a woman when she walks by. Or a woman looks a
man, up and down when he walks towards her.
SUBTLE SEXUAL HARASSMENT is a behavior but not a legal term. It is
unwelcome behavior of a sexual nature that if allowed to continue could create a
QUID PRO QUO and/or a Hostile Work Environment for the recipient.
For example, unwelcome sexual comments, jokes, innuendoes.
QUID PRO QUO HARASSMENT is when employment and/or employment
decisions for an employee are based on that employees’s acceptance or rejection of
unwelcome sexual behavior.
For example, a supervisor fires an employee because that employee will not go out
with him or her.
HOSTILE WORK ENVIRONMENT is a work environment created by unwelcome
sexual behavior or behavior directed at an employee because of that employee’s sex
that is offensive, hostile and/or intimidating and that adversely affects that employee’s
ability to do his or her job.
For example, pervasive unwelcome sexual comments or jokes that continue even
though the recipient has indicated that those behaviors are unwelcome.