What is Sexual Harassment? Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute "quid pro quo" sexual harassment when 1 submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, or 2 submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such an individual. What is "Hostile Environment" Sexual Harassment?
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute "hostile environment" sexual harassment when 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.
No one factor controls. An assessment is made based upon the totality of the circumstances. What is Unwelcome Sexual Conduct?
Sexual conduct becomes unlawful only when it is unwelcome. The challenged conduct must be unwelcome in the sense that the employee did not solicit or incite it, and in the sense that the employee regarded the conduct as undesirable or offensive. When confronted with conflicting evidence as to whether conduct was welcome, the EEOC will look at the record as a whole and at the totality of the circumstances, evaluating each situation on a case by case basis.
The victim may be a woman or a man. The victim does not have to be of the opposite sex.
The victim does not have to be the person harassed but could be anyone affected by the offensive conduct. Who Can Be a Sexual Harasser? The harasser may be a woman or a man.
He or she can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee. In "quid pro quo" cases, a single sexual advance may constitute harassment if it is linked to the granting or denial of employment or employment benefits. In contrast, unless the conduct is quite severe, a single Sexual harassment exam questions and answers or isolated incidents of offensive sexual conduct or remarks generally do not create a "hostile environment.
However, a single, unusually severe incident of harassment may be sufficient to constitute a Title VII violation; the more severe the harassment, the less need to show a repetitive series of incidents.
This is particularly true when the harassment is physical. The EEOC will evaluate the totality of the circumstances to ascertain the nature, frequency, context, and intended target of the remarks.
Relevant factors may include 1 whether the remarks were hostile and derogatory; 2 whether the alleged harasser singled out the charging party; 3 whether the charging party participated in the exchange; and 4 the relationship between the charging party and the alleged harasser.
The victim should directly inform the harasser that the conduct is unwelcome and must stop. It is important for the victim to communicate that the conduct is unwelcome, particularly when the alleged harasser may have some reason to believe that the advance may be welcomed. The victim should also use any employer complaint mechanism or grievance system available.
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Sexual Harassment/ Assault Response Prevention Training Course Assessment study guide by. Test your knowledge by assessing whether the following statements about sexual harassment are true or false. phone calls daily from HR professionals looking for answers on this and other important workplace issues. Quiz and training acknowledgment test your sexual harassment in the workplace knowledge answer true or false super-web.info harassment includes sexual.