31 Mar Sexual Harassment Prevention – Workplace Conduct

Sexual Harassment Prevention – Workplace Conduct

Sexual harassment prevention requires maintaining a workplace where employees are treated with dignity and respect and are free from unwelcome sexual conduct. Sexual harassment is a form of sex discrimination prohibited by Title VII of the Civil Rights Act of 1964 and may expose both individuals and employers to serious consequences.

Guide for Discussion

What Is Sexual Harassment?

Sexual harassment generally involves unwelcome conduct based on sex that affects an individual’s employment or creates an intimidating, hostile, or offensive work environment.

Sexual harassment may include:

• Unwelcome sexual advances.
• Requests for sexual favors.
• Other verbal, visual, or physical conduct of a sexual nature.
• Conduct where submission is made explicitly or implicitly a term or condition of employment.
• Employment decisions based on an individual’s acceptance or rejection of sexual conduct.
• Unwelcome conduct that is sufficiently severe or pervasive to create a hostile work environment.

Sexual harassment can occur between people of any sex and may involve supervisors, coworkers, contractors, customers, vendors, or other individuals encountered through work.

Examples of Inappropriate Conduct

Depending on the circumstances, prohibited or inappropriate behavior may include:

• Displaying sexually explicit or offensive pictures, videos, messages, or other materials.
• Making sexual jokes, comments, gestures, or remarks.
• Repeatedly asking someone for dates after they have indicated they are not interested.
• Unwelcome touching, hugging, rubbing, or other physical contact.
• Making comments about another person’s body or sexual activity.
• Sending unwanted sexual texts, emails, photographs, or electronic messages.
• Making sexual gestures, leering, or other unwelcome conduct.
• Offering employment benefits in exchange for sexual conduct.
• Threatening or taking adverse employment action because sexual advances were rejected.
• Engaging in other unwelcome sex-based conduct that creates an intimidating, hostile, or offensive working environment.

Conduct does not have to be motivated by sexual desire to constitute unlawful sex-based harassment.

Professional Workplace Conduct

Employees should maintain professional behavior and consider how their words and actions affect others.

• Do not engage in unwelcome sexual or sex-based conduct.
• Respect personal boundaries.
• Stop conduct when someone indicates that it is unwelcome.
• Do not display sexually explicit or offensive material in the workplace.
• Avoid sexual jokes, comments, gestures, or messages that could violate company policy.
• Never condition employment opportunities or workplace benefits on sexual conduct.

Something intended as a joke may still be inappropriate or contribute to an unlawful hostile work environment depending on the circumstances.

Reporting Sexual Harassment

Employees who experience or observe suspected sexual harassment should report the conduct promptly through the reporting channels established by company policy.

Depending on company procedures, employees may be able to report concerns to:

• A supervisor or manager.
• Human Resources.
• Management.
• Another designated company representative or reporting channel.

Employees should not be required to report harassment only to a supervisor who is involved in the alleged conduct.

Employees should provide as much information as possible so the concern can be appropriately reviewed.

No Retaliation

Retaliation against an employee for reporting suspected discrimination or harassment, participating in an investigation, or otherwise exercising protected rights is prohibited.

Employees should immediately report suspected retaliation through the appropriate company reporting channels.

Supervisors and Managers

Supervisors and managers have additional responsibilities. They must:

• Model professional workplace behavior.
• Take employee concerns seriously.
• Follow company reporting procedures when they receive or become aware of a harassment complaint.
• Never discourage an employee from reporting a concern.
• Maintain confidentiality to the extent appropriate and consistent with a proper investigation.
• Never retaliate against an employee who raises a concern or participates in an investigation.

Supervisors should not attempt to dismiss or privately resolve allegations when company procedures require the matter to be reported or investigated.

Remember

Every employee has a responsibility to contribute to a respectful workplace. Avoid unwelcome sexual or sex-based conduct, respect the boundaries of coworkers, report inappropriate behavior through established channels, and never retaliate against someone for raising a concern.