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What Is Sexual Harassment

Examples of Sexually Harassing Behaviors

The behaviors listed below are examples of some of the behaviors that can constitute sexual harassment. Sexual harassment occurs if the behavior is sexual and unwanted, if an individual's employment position is dependent on submitting to or accepting the behavior, or if it contributes to an offensive, hostile, or uncomfortable work environment.

These behaviors are unacceptable, and should not be present in the formal, informal, on-site of off-site work environment:

• Sexual jokes, innuendos, and gestures;
• Unsolicited and unwelcome flirtations, advances of propositions, however subtle;
• Graphic or degrading comments about someone's appearance, dress, or body;
• Staring at an individual or focusing upon a particular area of the body;
• Elevator eyes. looking someone up and down;
• Whistling, cat calls, leering;
• Terms of address such as "honey", "baby", "chick," "hunk", or "dear";
• Regularly offering personal gifts such as flowers, candy, etc.
• Display of sexually suggestive objects or pictures;
• Sexual or intrusive questions about an individual's personal life;
• Explicit descriptions of the harasser's own sexual experiences;
• Neck or shoulder massages;
• Pressure ( however subtle) for sexual activity;
• Explicit offers of sex for grades, money, or other rewards;
• Any unnecessary, unwanted physical contact such as touching, rubbing, hugging, pinching, patting, or kissing;
• Physical or sexual assault, including rape

Facts About Sexual Harassment

Sexual harassment can occur in a variety of circumstances, which include but are not limited to the following:

• The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.
• The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.
• The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
• Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
• The harasser's conduct must be unwelcome.

Employees Role in the Prevention of Sexual Harassment in the Workplace

• Keep a copy of your sexual harassment policy at work. Copies should be posted and made available within the Human Resources Division or EEO Division. Agencies should have the name and number of someone you can contact in case you are being sexually harassed.
• Follow the guidelines of your employer's sexual harassment policy.
• Tell the person firmly, you find their behavior objectionable.
• Tell your supervisor. If your supervisor is the harasser, don' t fear losing your job, tell his manager. Remember, the law states that your employer is liable.
• Keep a detailed log of the offensive behavior.

Supervisors / Managers Role in the Prevention of Sexual Harassment in the Workplace

• Notify all subordinates of the sexual harassment policy;
• Establish and maintain a work atmosphere which is free of such harassment;
• Conduct sexual harassment training for all managers, supervisors and employees;
• Cooperate with the Equal Opportunity Division (EOD) to eliminate sexual harassment;
• Inform the aggrieved persons of the right to contact their EEO Officer and / or the EOD for assistance;
• Participate in the investigation and resolution of sexual harassment by:
  • a. Maintaining adequate documentation on each investigation
  • b. Providing timely and complete notification to appropriate persons on the disposition of each investigation.

Liability

Agency/Employer
Employers are always potentially liable for supervisor's sexual misconduct toward an employee. An employer is subject to vicarious liability to a victimized employee for an actionable hostile environment created by a supervisor with immediate (or successively higher) authority over the employee.

When no tangible employment action is taken, a defending employer may raise an affirmative defense to liability or damages, subject to proof by a preponderance of the evidence.

To succeed in such a defense, employers would have to show they "exercised reasonable care to prevent or correct promptly any sexually harassing behavior" and that the employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise.

Non-Employees
Sexual harassment can also come from outside of the organization. Paragraph (e) of the federal guidelines establishes the right of employees to be protected from harassment by non-employees. Employers are responsible for any acts of sexual harassment perpetrated by non-employee while conducting business in the employers work environment if the employer is aware of the harassment and does not take measures to correct the conduct.

Discrimination Complaint Procedure

Equal Opportunity Division

The Ohio Department of Aministrative Services' Equal Opportunity Division (DAS/EOD) administers a discrimination complaint procedure for state of Ohio employees and applicants. Title Vll and the Ohio Revised Code 4112 prohibit discrimination in employment on the basis of race, color, race, religion, sex, sexual harassment, national origin, disability, age, and veteran status. Individuals who believe they have been discriminated against must file within 30 days from the date of the alleged discrimination. Agency investigators (EEO Officers), have 60 days in which to complete the investigation and determine findings.

Ohio Civil Rights Commission

Ohio was one of the first states to have a civil rights commission founded in its state law. The Ohio Civil Rights Commission, often referred to as the OCRC, was created by Section 4112 of the Ohio Revised Code. The OCRC also has a complaint process for employment discrimination. It has offices within the major Ohio cities and a central office in Columbus. If discrimination complaints are filed outside of the state's internal system, they will probably be investigated by the OCRC.

U.S. Equal Employment Opportunity Commission

The Equal Employment Opportunity Commission (EEOC) was created by Title VII. It is a five-member commission appointed by the President and confirmed by the Senate. Members are appointed for five-year staggered terms. The five-member commission makes equal opportunity policy, and approves all litigation. The members do not "decide" individual cases under an administrative law system. Decisions are similar to the adjudicative procedures of the National Labor Relations Act. However, the general counsel to the EEOC is responsible for conducting EEOC enforcement litigation in the courts.

Prevention Methods

• Conduct your self in a business-like manner.
• Dress appropriately for the job.
• Become familiar with your right to work in an environment free from discrimination based on sex.
• Become acquainted with your organization's policy and procedures for reporting harassment.
• Determine ahead of time, what kind of action you would take if you were harassed.