Sexual Harassment and Gender Harassment in the Workplace

Additional HR Resources First Line of Defense DVD-based training for supervisors on harassment and other critical legal issues The Plus of "Us" DVD-based diversity training for employees and supervisors creates healthy workplace Prevent Sexual Harassment How to stop sexual harassment before it starts A Guide for HR/Employers Help you need to prevent harassment from occurring in your workplace Training for Supervisors Train them to prevent, recognize, and stop sexual harassment Training for Employees How to train employees to prevent, recognize, and stop sexual harassment New Sexual Harassment Threat How to modify your policies to address texting and after-work harassment Workplace Discrimination Get clear guidance for assessing your policies and practices Discipline and Document Document performance problems and issue effective discipline State Requirements What your state lawmakers have to say on this issue Federal Laws and Regulations Advanced warning of new legislation and other federal developments Online Harassment Training Easily train supervisors using online modules (30-40 minutes each)

Title VII of the Civil Rights Act of 1964 is the primary federal law that outlaws harassment based on sex or gender. In addition, almost every state in the country has its own version of the civil rights law, and these laws also prohibit sex discrimination and sexual harassment. Some state laws also prohibit discrimination and harassment based on sexual orientation.

HR Guide to Employment Law: A practical compliance reference manual covering 14 topics, including the sexual harassment

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EEOC’s definition of sexual harassment
The Equal Employment Opportunity Commission (EEOC) defines sexual harassment as unwelcome sexual advances, requests for sexual favors, or other conduct of a sexual nature that:

• explicitly or implicitly are a condition of employment, or
• are used to make a hiring or other employment decision, or
• unreasonably interfere with a person's performance or create an intimidating, hostile, or offensive work environment. Sexual harassment can be verbal conduct, physical conduct, or both and it generally must be severe and pervasive. There are basically two types of gender harassment recognized by the courts -- quid pro quo and hostile work environment.

Two types of sexual harassment in the workplace
Quid pro quo sexual harassment is a this-for-that situation in which an employee is forced to choose between catering to unwanted sexual demands and either losing a job benefit or being punished in some job-related way.

Hostile work environment gender harassment is more difficult to recognize because the same conduct that could be sexual harassment in some circumstances wouldn't be in others. A hostile work environment exists if an employee experiences an intimidating, offensive work setting. The conduct must be based on gender and substantial. A couple of minor, crass comments generally won't be considered sexual harassment.

Hostile work environment harassment isn't just limited to sexual acts. An employee who constantly picks on his female coworkers but not his male coworkers could be engaging in illegal sexual harassment.

Basic Training For Supervisors, easy-to-read guides on employment laws, including preventing and dealing with sexual harassment

Who can be a victim of sexual harassment in the workplace?
Women are the most likely victims of sexual harassment, but there are some other possibilities including harassment against men by women, harassment by members of the same sex and harassment based on gender stereotyping.

Stop Sexual Harassment DVD-based training series for supervisors 2009 edition

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Related articles on Sexual Harassment featured in HR Hero Line

• Office Romance: Do You Need a Workplace Dating Policy?
  (New York Employment Law Letter, October 2009)
• EEOC Files Sexual Harassment Case Against Oregon Agriculture Employers
  (Human Resources News, June 2009)
• Where Is the Line on Retaliation?
  (Kansas Employment Law Letter, May 2008)
• When Employees Don't Pack Their Inhibitions for Business Trips
  (Virginia Employment Law Letter, October 2007)
• Control Harassers or Face Liability for Their Actions
  (Illinois Employment Law Letter, March 2006)

HR Tools for Sexual Harassment

• Sample Policy - Equal Employment
• Sample Policy - Harassment and/or Discrimination