Omar Bennett
Sexual harassment is a broad term encompassing many forms of unwelcome verbal and physical sexual attention. It includes unwelcome sexual advances, requests for sexual favours, and other verbal or physical harassment of a sexual nature in the workplace or learning environment. Sexual harassment does not always have to be about sexual behaviour or directed at a specific person. For example, negative comments about women as a group may be a form of sexual harassment. While sexual harassment is usually not criminal, it generally violates civil laws, and one has the right to work or learn without being harassed.
| Characteristics | Values |
|---|---|
| Sexual harassment by | Customers, clients, vendors, business partners, managers, coworkers, and outsiders |
| Harassment based on | Gender or sex |
| Harassment nature | Sexual or non-sexual |
| Harassment forms | Verbal, non-verbal, physical, or electronic |
| Harassment examples | Unwelcome sexual advances, requests for sexual favors, inappropriate touching, suggestive notes, persistent leering, staring, offensive remarks, sexual comments, sexual assault, rape |
| Quid pro quo harassment | Supervisor's request for sexual favors in exchange for job benefits or to avoid adverse employment decisions |
| Hostile work environment | Unwelcome verbal or physical conduct of a sexual nature that creates an intimidating, hostile, or offensive work environment |
| Harassment severity | Frequent or severe enough to interfere with work or create a hostile environment |
| Harassment perception | Offensive to a reasonable person in the same circumstances |
| Harassment actions | Unwanted, improper, or offensive conduct that influences employment decisions |
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What You'll Learn
Sexual misconduct
From a legal standpoint, sexual misconduct is a "lay term" that represents a broken boundary dictated by a moral set of conduct. It often refers to situations where there is a power dynamic at play that makes sexual behaviour inappropriate, such as in the workplace or between individuals of different authority levels. The alleged misconduct can vary in severity and include exposure of genitals, assault, aggressive come-ons, pleading, or ignoring nonverbal cues.
The definition of sexual misconduct is often unclear, and it is important to note that it covers a spectrum of behaviours that may not be explicitly erotic but are still considered inappropriate. This includes activities such as "mooning," streaking, or skinny dipping. The term "sexual misconduct" can be used as a catch-all phrase, and it is essential to specify the nature of the allegations, such as sexual violence, harassment, or assault.
Universities and colleges often have their own definitions and policies regarding sexual misconduct. For example, Covenant College defines sexual misconduct as "conduct of a sexual nature or conduct based on sex or gender that is nonconsensual or has the effect of threatening, intimidating, or coercing a person." This includes specific prohibited conduct such as sexual harassment, sexual assault, dating violence, domestic violence, and stalking.
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Unwelcome sexual advances
It is important to note that both the victim and the harasser can be of any gender, and they do not need to be of the opposite sex. Additionally, harassment does not have to be of a sexual nature to be considered unlawful. Offensive remarks about a person's sex, or offensive conduct based on an employee's gender that creates an abusive work environment, are also illegal.
To qualify as a hostile work environment, the conduct must be offensive not only to the employee but also to a reasonable person in the same circumstances. For example, a female employee might be offended that a male colleague complimented her haircut and opened the door for her on the way into work. However, this conduct alone would likely not be considered harassment.
If you believe you are being sexually harassed at work, it is important to notify your employer as soon as possible. Speaking out about harassment may also encourage other workers who have experienced similar treatment to come forward.
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Requests for sexual favours
A request for sexual favours could be considered sexual harassment if it meets the above criteria. For example, if a supervisor repeatedly asks their subordinate for sexual favours in exchange for promotions or other benefits, this would likely create a hostile work environment and constitute sexual harassment.
However, a one-time request for sexual favours, without any implied or explicit consequences for refusing, may not rise to the level of sexual harassment. For instance, a co-worker asking a colleague out for a drink and suggesting they go back to their place may not be considered sexual harassment if there are no further implications or repercussions.
The context and power dynamics surrounding the request are also crucial. A request for sexual favours from a supervisor to a subordinate is more likely to be considered harassment due to the power imbalance, even if it is a one-time occurrence. Similarly, if the request is made in a context where refusal would lead to reasonable fears of retaliation or negative consequences, it is more likely to be considered sexual harassment.
It is also important to note that sexual harassment is not limited to the workplace, and requests for sexual favours in social or romantic contexts may also constitute sexual harassment if they are part of a pattern of behaviour that creates a hostile or offensive environment for the recipient.
Finally, the determination of whether a request for sexual favours constitutes sexual harassment is often subjective and dependent on the specific circumstances, the individuals involved, and the broader context in which the request is made.
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Verbal or physical harassment
Sexual harassment is a broad term encompassing many forms of unwelcome verbal and physical sexual attention. Verbal or physical harassment of a sexual nature can include:
- Jokes referring to sexual acts or sexual orientation
- Unwelcome sexual advances
- Requests for sexual favours
- Unwanted touching or physical contact
- Discussing sexual relations, stories, or fantasies in an inappropriate setting
- Feeling pressured to engage with someone sexually
- Exposing oneself or performing sexual acts
- Unwanted sexually explicit photos, emails, or text messages
Sexual harassment can occur in the workplace or learning environment, such as a school or university, and it is illegal under Title VII of the Civil Rights Act. It can take the form of subtle behaviours, such as suggestive late-night texts, invitations to meetings that turn into dates, or sexually charged comments. It is important to note that both the victim and the harasser can be of any gender, and they can be of the same gender.
Harassment does not have to be of a sexual nature to be considered unlawful. Offensive remarks about a person's sex or gender can also constitute harassment. For example, it is illegal to make offensive comments about women in general to a female employee. To qualify as a hostile work environment, the conduct must be offensive not only to the employee but also to a reasonable person in similar circumstances.
If you are experiencing sexual harassment, you can report it to the authorities at your job, school, or local law enforcement. You can also enlist the help of a friend or bystander to intervene and provide support.
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Sexist comments
It is important to note that harassment can be committed by both men and women, and the victim and harasser can be of the same sex. While overt forms of sexual harassment still occur, more subtle forms are on the rise. For example, suggestive late-night texts, sexually-charged comments, or invitations that turn into dates can constitute sexual harassment.
To qualify as a hostile work environment, the conduct must be offensive not only to the employee but also to a reasonable person in similar circumstances. This means that isolated incidents or offhand comments that are not very serious may not rise to the level of harassment. However, harassment becomes illegal when it is frequent or severe enough to create a hostile or offensive environment or results in adverse employment decisions, such as demotion or termination.
In summary, sexist comments can constitute sexual harassment if they are severe, pervasive, or frequent enough to create an abusive or hostile work environment. This is true even if the comments are not overtly sexual in nature, as long as they are based on an individual's gender and cause significant discomfort or interference with an employee's work.
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Frequently asked questions
No, sexual harassment can include offensive remarks about a person's sex or gender, such as negative comments about women as a group.
No, sexual harassment does not have to be directed at a specific person.
No, sexual harassment can be perpetrated by anyone, including a coworker, teacher, peer, or colleague.
No, sexual harassment can occur outside of the office, such as through emails, social media, or other venues. It can also occur in a learning environment, like a school or university.
