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What constitutes sexual harassment?


Do you think an organization should be held responsible for the actions of its employees?

Sexual harassment takes many forms. It may be improper touching, language, or even pictures on the wall. The way that the law regarding s.h. works is that the employer is not responsible unless they have been made aware that the situation is creating a hostile work environment and do nothing. I think that's fair.

in proper touching

no.

Organizations are completely responsible for the actions of their employees, and will suffer extreme business and financial consequences if they ignore or overlook it. This is why companies, whether they are for profit or not, and academic institutions offer seminars in sexual harassment.

There are multiple ways in which a victim can be harassed. You can read about them in the article,"Sexual Harassment," in the section, "types of harassment," in Wikipedia.org.

If a manager is guilty of sexual harassment,then the company who employs that manager could be deemed responsible.
If no disciplinary action is taken by a company,then the
company could be considered responsible.

This is from the EEOC web site. Brown eye gave a good starting answer. Sexual harrasment and Discrimination take many forms.

The goverment agency to contact is: http://www.eeoc.gov

"The U.S. Equal Employment Opportunity Commission
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Need more information?The law:

Title VII of the Civil Rights Act
The regulations:

29 C.F.R Part 1604.11
Enforcement guidances and policy documents:

Policy Guidance on Current Issues of Sexual Harassment
Enforcement Guidance: Vicarious Employer Liability for Unlawful Harassment by Supervisors
See also: Questions & Answers for Small Employers on Employer Liability for Harassment by Supervisors
Enforcement Guidance on Harris v. Forklift Sys., Inc.
Policy Guidance on Employer Liability under Title VII for Sexual Favoritism

You may also be interested in:How to File a Charge of Employment Discrimination
Mediation at EEOC
Training and Outreach
Information for Small Employers

Have a Question?Ask us! Contact us by phone (toll free) or email, or check our FAQs.
Sexual Harassment
Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Title VII applies to employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government.

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when 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.

Sexual harassment can occur in a variety of circumstances, including but not limited to the following:

The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.
The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.
The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
The harasser's conduct must be unwelcome.
It is helpful for the victim to inform the harasser directly that the conduct is unwelcome and must stop. The victim should use any employer complaint mechanism or grievance system available.

When investigating allegations of sexual harassment, EEOC looks at the whole record: the circumstances, such as the nature of the sexual advances, and the context in which the alleged incidents occurred. A determination on the allegations is made from the facts on a case-by-case basis.

Prevention is the best tool to eliminate sexual harassment in the workplace. Employers are encouraged to take steps necessary to prevent sexual harassment from occurring. They should clearly communicate to employees that sexual harassment will not be tolerated. They can do so by providing sexual harassment training to their employees and by establishing an effective complaint or grievance process and taking immediate and appropriate action when an employee complains.

It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on sex or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under Title VII.

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