discrimination
 
What is Sexual Harassment?
  • Harassment is conduct that is unwelcome

  • Sexual harassment is conduct that has sexual connotations.

  • When related to discrimination sexual harassment is unwelcome conduct of a sexual nature that affects a person’s job or performance of the job.

  • Sexual harassment is behavior, it is not how you feel but how you act.

  • Sexual Harassment may include (but is not limited to):
    - Sexual advances
    - Requests for sexual favors

  • Verbal or physical conduct of a sexual nature may also be sexual harassment when:

    • Submission to the conduct is made either explicitly or implicitly a term or condition of an individuals employment or educational success.

    • Submission to or rejection of the conduct by an individual is used as a basis for employment (or educational) decisions affecting the individual.

    • The conduct has the purpose or effect of unreasonably interfering with the individual’s work performance

    • The conduct creates an intimidating, hostile or offensive working environment.
Is all sexual discrimination or harassment the same?

The law distinguishes between situations that result in tangible action and environments that create impossible working situations.

Courts have found two types of Sexual harassment

  • Quid Pro Quo

  • Hostile Environment
 
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