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Recognizing Sexual Harassment in the Workplace

What is sexual harassment?

The EEOC provides a clear definition of sexual harassment: "Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of 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."

Hostile environment sexual harassment

When the EEOC refers to "verbal or physical conduct of a sexual nature," it means that certain behaviors are not acceptable in the work environment. And as a manager, you are responsible for recognizing and addressing the behaviors if they should occur.

It is important to note that the acts associated with hostile environment sexual harassment do not necessarily have to be overtly sexual in nature.

It's also important to understand that sexual harassment can be indirect, affecting a witness or onlooker who is not the direct target of the behavior.

Unwelcome sexual conduct only rises to the level of being unlawful when it "unreasonably interferes with an individual's work performance or creates an intimidating, hostile, or offensive working environment." For that reason, typical office banter, mild flirtation, or innuendo – or even vulgar language that is in poor taste or annoying – would probably not be unlawful unless it occurs frequently.

However, that doesn't mean that this behavior is acceptable in the workplace. Remember that your company's standards are likely to go beyond what is required by the law.

Quid pro quo sexual harassment

Quid pro quo sexual harassment refers to situations where a supervisor demands sexual favors in return for work benefits. The EEOC's definition covers this type of harassment when it states that "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment."

Quid pro quo harassment can only be committed by individuals with managerial or supervisory responsibilities. Only managers would have the power to offer or withhold employment benefits.

In 2005, the California Supreme Court ruled that supervisors' sexual relationships with subordinates may create a hostile work environment for coworkers if it leads to sexual favoritism.

Isolated instances of preferential treatment would not ordinarily rise to the level of sexual harassment. But if employees feel that management views them as "sexual playthings" and that the only way they can succeed is by having sexual relations with their supervisors, the employees may have a hostile environment claim.

Sexual harassment is generally divided into two categories: hostile work environment and quid pro quo. The first relates to behavior that is sex-related or gender-based, unwelcome to the victim, and severe or pervasive. The second refers to situations in which an employee is required to accept sexual advances by a supervisor in return for job benefits. The employee who refuses these advances suffers negative, work-related consequences – tangible job detriment – for doing so.

It's important for managers to be able to recognize the various forms sexual harassment can take in order to be able to prevent it.