Dale Strickland |
Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when submission of such conduct is made a requirement or condition of employment, submission to or rejection of such conduct is used as a basis for employment or such conduct has the purpose or effect of unreasonably interfering with an employee’s work performance and creates an intimidating, hostile or offensive working environment. Sexual discrimination differs from gender discrimination based on the idea that sexual discrimination can be unwelcome by male or female and sexual advances of any type are used by the violator,
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The complaint must be gender related. This meaning that, for example, if the victim had not been a woman, the harassment would not have happened. The employee must not have consented to the advances or participated in the hostile work environment. The harassment must be based on sex. Sex, meaning that the advances or requests involved a sexual favor or a sexual act. The complaint must be such that it significantly affected the employee’s job performance. Lastly, the harassment must have occurred in a work related environment, making the employer liable for such conduct. Unreasonable behavior is also sexual intimidation that is either verbal or non-verbal and subjects members of either sex to humiliation, embarrassment or even discomfort. This may also include making stereotypical remarks about person ability, and authorizing different work assignments based on the sex of the employee, segregating employees into a same sex group or using cartoons or illustrations in the work place to intimidate the victim. A situation that may be considered “severe or pervasive” would be one of displaying pornographic material or illustrations of a sexual nature within the workplace, such as a cubicle or computer screen saver, magazines and jokes. These situations must be of a frequent nature, entail humiliation or a physical threat and also interfere with the work environment or an employee’s work performance. What is unwelcome behavior?