Human Resources, the Law, and Job Analysis

Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. This applies to employers with 15 or more employees, state and local governments, employment agencies, labor organizations, and to the federal government as well. (Sexual Harassment, 2005)

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment. (Sexual Harassment, 2005)

• Sexual harassment can occur in a variety of circumstances, including but not limited to the following:

• The victim as well as the harasser may be male or female and does not have to be a member of the opposite sex. (Sexual Harassment, 2005)

• 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. (Sexual Harassment, 2005)

• The victim does not only have to be the person who is harassed, but can also be anyone affected by the offensive conduct. (Sexual Harassment, 2005)

• Unlawful sexual harassment may occur without economic injury to or discharge of the victim. (Sexual Harassment, 2005)

• The conduct of the harasser must be unwelcome. (Sexual Harassment, 2005)

Prevention is the best tool to eliminate sexual harassment in the workplace. Employers are encouraged to take steps necessary to prevent sexual harassment from occurring. They should clearly communicate to employees that sexual harassment will not be tolerated. They can do so by providing sexual harassment training to their employees and by establishing an effective complaint or grievance process and taking immediate and appropriate action when an employee complains. (Sexual Harassment, 2005)

The following is a sexual harassment policy statement that would be used to convey the company’s policy to their employees.

Sexual Harassment in the Workplace

Our company values set a strong foundation for all that we do. These values call for us to treat each other with the respect and dignity that each of us deserves, and to always do what is right.

These values also support our policy that all employees should be able to enjoy a work environment free from all forms of unlawful sexual discrimination, including sexual harassment. Those employees that engage in such behavior not only hurt other employees but may also expose themselves and the company to potential legal liability. The company will not condone actions from any employee, no matter their position, if these actions are sexually harassing or if they contribute to a hostile, intimidating, or sexually offensive workplace.

When defining sexual harassment, the Equal Employment Opportunity Commission guidelines, under Title VII of the Civil Rights Act of 1964, state: “only unwelcome sexual conduct that is a term or condition of employment constitutes a violation.”

Unwelcome sexual conduct constitutes sexual harassment when:

• "Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment," 29 C.F.R § 1604.11 (a) (1). (Policy Guidance on Current Issues of Sexual Harassment., 1990)

• "Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual," 29 C.F.R § 1604.11(a) (2) and 29 C.F.R. § 1604.11(a) (3). (Policy Guidance on Current Issues of Sexual Harassment., 1990)

The policy of this company forbids any and all forms of unwanted sexual conduct. This includes:

• Teasing or joking of a sexually oriented nature

• Unwelcome sexual advances

• Lewd or suggestive remarks

• Unwanted touches, hugs, kissing, or other physical contact

• Requests for sexual favors

• Displaying of sexually explicit pictures, cartoons, or other materials

• Any other unwelcome sexual attention