What It Is
Sexual harassment is a form of sexual discrimination that violates Title VII of the Civil Rights Act of 1964. Title VII applies to employers with 15 or more employees, including state and local governments. Title VII also covers the federal government, as well as employment agencies and labor organizations.
The EEOC defines sexual harassment as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.” This conduct must explicitly or implicitly affects an individual’s employment, unreasonably interference with their work performance, or create an intimidating or hostile work environment.
Under Title VII, the EEOC recognizes two forms of sexual harassment as being illegal: quid pro quo harassment and hostile environment. Quid pro quo harassment occurs when “submission to or rejection of sexual conduct is used as a basis for employment decisions.” Speaking further, there is a tangible consequence or series of repercussions (loss of pay, demotion, etc.) for refusal of such advances. A typical example may be of a supervisor promoting an employee only if they agree to a sexual favor or after-work date. The opposite is also illegal; the employee may be disciplined for refusing the previous offer from their supervisor. Today, quid pro quo harassment is becoming less common on the basis that employees are more likely to speak out if they are being sexually harassed and the behavior is impacting their ability to perform their job.
Hostile environment occurs when the unwelcome sexual conduct “has the purpose or effect of unreasonably interfering with job performance or creating an intimidating, hostile, or offensive working environment.” NOTEREF _Ref383774974 \f \h \* MERGEFORMAT ii Common examples such as dirty jokes, vulgar slang, nude pictures, and even swearing can create a hostile environment when an employee(s) finds them to be offensive. Currently, e-mail and instant