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.
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