Sexual Harassment

It is unlawful for an employer to harass an applicant or employee because of that person’s sex.  For instance, it is illegal for an employer to make unwelcome sexual advances, requests for sexual favors, and other verbal or physical gestures of a sexual nature.

It is important to understand, however, that sexual harassment does not have to be of a sexual nature.  It is illegal, for example, to harass a woman by making offensive comments about women in general.

Sexual harassment can come from just about anyone.  The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.  Further, both the victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex.

Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment, or when it results in an adverse employment decision (such as the victim being fired or demoted).

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Examples of Sexual Harassment:

• Asking for sex in exchange for employment advancement or benefits.
• Inappropriate touching, such as massaging shoulders; intentionally rubbing against another employee; displaying or emailing pornographic videos or images among co-workers.
• Making inappropriate sexual jokes.
• Making inappropriate sexual gestures or comments which bring attention to a person’s body, mannerisms or clothing.
• Sending unwanted messages, including emails, chats, inter-office letters or notes.
• Continuing to ask for a date after you have been told no.
• Demanding physical contact, such as a hug, kiss, or massage.
• Asking sexual questions about another employee’s sexual history or sexual orientation.