What is sexual harassment?

Sexual harassment is any unwelcome words or actions of a sexual nature. Although we usually think of sexual harassment as a man harassing a woman, sexual harassment can be anyone toward anyone, regardless of gender or sexual orientation. In can also come from anyone in the workplace, not only from supervisors, but also from subordinates. Importantly, whether or not something is considered sexual harassment does not depend on the harasser’s intent, but on the recipient’s experience.

In the United States federal law says that sexual harassment is a form of sex discrimination, according to Title VII of the Civil Rights Act of 1964. It is also illegal, according to the 1980 guidelines of the Equal Employment Opportunity Commission.

In general, the law says that any unwelcome conduct or attention of a sexual nature is sexual harassment. The following are some examples of circumstances that would be considered sexual harassment:

If your supervisor implies that keeping your job depends on:

• working late or on weekends "alone with him or her"
• "dating" a customer, or other person who is important to the organization
• "sharing a room" on a business trip, or any other forced intimacy

If raises or promotions depend on your response. For example, your supervisor promises you a raise, promotion, or some type of other work benefit if you:

• agree to let him or her "get to know you better"
• do something outside of work with him or her
• "act extra friendly" to a particular customer or influential person

It is also considered sexual harassment if someone’s conduct of a sexual nature makes it more difficult to do your job. Sexual harassment may create a hostile, offensive, or uncomfortable working environment. For example, if someone:

• pressures you for dates
• keeps giving you gifts
• makes unwelcome comments about your clothes, looks, etc.
• touches you in a way that makes you feel uncomfortable or threatened
• tells sexual jokes, hangs sexual posters, etc.

Sexual harassment can take many forms. Remember, sexual harassment is determined by the experience of the recipient. Still, there are interactions that are not sexual harassment!

Sexual harassment can be verbal:

• threats or insults
• offensive or suggestive comments
• messages with sexual content
• pressure for dates
• propositions
• offensive jokes or teasing
• whistles or catcalls

For example:

• It could be sexual harassment if someone keeps asking you to go out with him or her even after you have said "no".
• It is probably not sexual harassment if someone asks you out once and accepts your "no" answer.

Sexual harassment can be non-verbal:

• suggestive looks or gestures (winking, licking lips, etc.)
• staring or leering
• displaying photos, posters, or drawings of a sexual nature

For example:

• It could be sexual harassment if a person stares at your body frequently.
• It’s probably not sexual harassment if a person glances up as you walk by.

Sexual harassment can be physical:

• rape or attempted rape
• cornering or trapping
• pinching, grabbing, or patting
• touching, hugging, or kissing

For example:

• It could be sexual harassment if a person frequently brushes against you.
• It’s probably not sexual harassment if a person accidentally bumps into you.

Sexual harassment depends upon how the person being harassed is being affected, not on the harasser’s intent.

For example, it’s probably sexual harassment if someone’s words or actions:

• are unwelcome or offensive to you
• make you feel uncomfortable or threatened
• affect your job performance

And remember, if at the time the event occurred, you failed to be assertive in stating that you were offended, or that the words or actions of the other person were upsetting or disturbing to you, that does not mean the conduct was welcome.

If you are being sexually harassed follow your employer’s policy. In addition, these are some general guidelines:

• Confront the harasser. Clearly state that the behavior offends you, or is unwelcome, and that you want it to stop.
• Keep a record. Write down what happened, who and where, and who, if anyone witnessed it.
• Write a letter. If you don’t feel you can confront the harasser in person write him or her a letter stating the offensive behavior, where and when it occurred, why you object to it, and that you want it to stop. Send it by registered mail and keep a copy.
• Talk to your supervisor if the harassment doesn’t stop. Bring your record of the incident, as well as names of any witnesses if you have them. Keep a record of what your supervisor says and does. If your supervisor is the harasser speak to your supervisor’s supervisor, or to someone in the Human Resources or Personnel Department.
• If your organization or company administration does not take action you can file a formal complaint. Contact other sources of help. For more information you may contact these sources: the Equal Employment Opportunity Council (EEOC), the State Attorney General’s office, the office of your local District Attorney, the local Bar Association, state or city departments of civil or human rights. If you were physically assaulted, or raped, file charges with the police.

A few more tips:

• Set a positive example. Treat everyone with respect, and let others know you expect the same from them.
• Avoid making assumptions. Don’t assume that "friendly gestures" or "jokes" are harmless or inoffensive. They may not always be taken in the spirit in which you meant them.

• Be supportive of people who tell you they are being sexually harassed. Remind them that sexual harassment is not the victim’s fault. Encourage them to take action, or offer to act as a witness if appropriate.
• Never ignore sexual harassment. It won’t go away on its own. Remember, no one has the right to harass you or any other employee.

Don’t hesitate to seek help. Sexual harassment can cause severe stress, anxiety, fear, anger, emotional trauma, and the problems that go along with these. Your Employee Assistance Program is a safe place to talk about the situation, and decide on the next steps to take.

Remember, all contact with the Pioneer Valley Employee Assistance Program is completely confidential, and we can be reached at 585-1379.

updated 08/02/01