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Home >Complaints Processing >Regulations and Guidance >Understanding Sexual Harassment

Understanding Sexual Harassment

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sex. The Supreme Court has made it clear that sexual harassment is a form of unlawful sex discrimination.

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when submission to or rejection of this conduct, explicitly or implicitly:

  • Affects a term or condition of an individual's employment,
  • Interferes with an individual's work performance, or
  • Creates an intimidating, hostile or offensive work environment.

It is important to note that both the victim, as well as the harasser, may be of either gender. Also, the victim and harasser do not have to be of the opposite sex.

Harassment, when characterized as a hostile work environment, is also prohibited under the other EEO bases of race, color, national origin, religion, disability, age and reprisal.

Types Of Sexual Harassment

QUID PRO QUO

"This for That"

Quid Pro Quo harassment involves granting or denying employment benefits based on an individual's response to sexual advances.

The harasser has (or is perceived to have) management authority over the individual.

The harasser undertook or recommended a tangible employment action.

The harasser's action is based on the individual's response to the unwelcome sexual advances or demands.

Quid Pro Quo harassment occurs whether or not the individual submitted to or rejected the advances.

Quid Pro Quo harassment occurs even if the individual rejects the unwelcome sexual advances and suffers no adverse job consequences.

HOSTILE WORK ENVIRONMENT

Hostile work environment harassment is conduct that unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment.

This type of harassment can be committed by a supervisor, co-worker, or non-employee.

A tangible employment action does not have to be involved.

Frequency and severity of the conduct are key factors in determining whether EEO law has been violated.

A "reasonable person" standard governs. Harassment is defined by the impact of a person's conduct, not by his/her intentions.

Severe psychological harm is not necessary to establish a violation.

The victim does not have to be the person harassed, but can be anyone impacted by offensive conduct directed at others.

FOLLOW THE "PLATINUM RULE" .

Do unto others as they would have you do unto them.

DO NOT ENGAGE IN .

  • Telling sexual jokes or stories
  • Referring to someone inappropriately, e.g., "hunk," "babe," etc.
  • Explicit comments about someone's clothing, anatomy, or appearance
  • Sending e-mails that are sexual in nature (e.g., jokes, photos)
  • Letters, telephone calls, magazines, pictures and objects of a sexual nature or content
  • Deliberately touching, brushing, cornering, pinching or leaning over a person
  • Suggestive looks, comments, gestures or whistles
  • Discussing actual or imagined sexual activities
  • Crude, gross or sexually profane language
  • Unwelcome pressure for dates or sexual favors
  • Giving inappropriate or unwelcome gifts
  • Displaying sexually suggestive visuals
  • Making suggestive facial expressions, hand or body gestures
  • Touching or rubbing oneself sexually around another person
  • Actual or attempted rape or sexual assault

IF YOU BELIEVE YOU ARE BEING HARASSED ON ANY EEO BASIS, act promptly. Make it clear to the individual that the conduct is unwelcome and must stop.

Keep a record of any incidents such as dates, times, places, your responses, and witnesses.

Tell your supervisor about the conduct. If your supervisor is the alleged harasser, tell a higher-level supervisor.

For assistance, contact the NIH Office of Equal Opportunity and Diversity Management (OEODM) at (301) 496-1551 (voice) and/or (301) 480-3122 (TTY).

MANAGERIAL/SUPERVISORY RESPONSIBILITIES

Managers and supervisors are responsible for being aware of what constitutes sexual harassment; how to recognize it; how to prevent it from occurring; and taking corrective action, including disciplinary action, as needed. Failure to do so places the management official in a position of personal liability if the allegation is later proven to have merit.