Sexual and other types of harassment

Scope

Every company should establish a zero-tolerance standard for any type of harassment.

Regulatory citations

• None

Key definitions

• None

Summary of requirements

According to the Equal Employment Opportunity Commission’s (EEOC) guidelines, sexual harassment is a form of discrimination prohibited by Title VII of the Civil Rights Act.

Identifying harassment. Harassment includes (but is not limited to) several forms, including unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature (including same-sex harassment) when

• Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;
• Submission to or rejection of such conduct by an individual is used as either the basis for, or a factor in, an employment decision affecting such individual; or
• Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

Other types of behavior that may be considered harassment includes (but is not limited to) a single incident or a pattern of behavior which entails verbal, physical, or psychological harassment/abuse of any nature which:

• Has the purpose or effect of creating an intimidating, hostile, or offensive work environment;
• Has the purpose or effect of unreasonably interfering with an individual’s work performance; and/or
• Adversely affects an individual’s employment or advancement opportunities.

Harassment-free workplace. Organizations need to be committed to providing all of its employees with a workplace that is free of harassment of any kind. In addition, companies should understand and follow all applicable state and federal (Equal Employment Opportunity Commission) laws in prohibiting sexual or other types of harassment, in the workplace, and while performing any and all work related duties.

Some best practices involve using:

• Formal written policy. Harassment of any kind in the workplace is against the law, and because of the liability and potential costs represented by workplace sexual or other types of harassment, all employers should have a formal written policy on the subject.
• Prevention. The EEOC states that prevention is the best tool for elimination of and protection against harassment complaints. An employer should take all necessary steps to prevent sexual or other types of harassment from occurring.