This is general information only. It is not legal advice about your situation. This information sheet is reliable as of the date of publication.
Employment lawyers frequently encounter the phrase in the context of evidence presented in sexual harassment cases and investigations. Employment harassment and discrimination cases can be difficult to prove. Rarely does an employee have conclusive proof that directly shows that his or her employer discriminated or had intent to harass unlawfully.
But, when dealing with workplace harassment, supervisors must regard that elusive phrase as a red flag. As a supervisor, here is what you need to know to deal with sexual harassment:. You must be logged in to post a comment.
Sexual harassment is repeated unwanted attention of a sexual nature or, more simply put, repeated unwanted attention that is based on sex. Therefore, as a form of discrimination based on sex, sexual harassment is not only an assault on personal dignity, but it is actionable under Title VII and Title IX of the Civil Rights Act. For example, if a professor makes repeated remarks about the inability of women to learn math that creates a learning environment for women that is significantly worse than the learning environment for men in the same classroom. Though the remarks have no overt sexual content, they harass a group of persons on the basis of their sex.
Back to Table of Contents. Sexual harassment is not sexual interaction, flirtation, attraction or friendship which is invited, mutual, consensual or reciprocated. Sexual harassment is a legally recognised form of sex discrimination.
The Harvey Weinstein revelations have highlighted a surprising ignorance about an issue that affects every workplace. Mon 16 Oct T he aftermath of the Harvey Weinstein revelations has been depressing in that it has led people to canvass the opinion of Woody Allen, heartening in the testimonies heard that were previously ignored, dispiriting in the sloshing of the inevitable she-asked-for-it backwaters, cheering in the unleashed female solidarity.
Sexual harassment is illegal. Most companies have anti sexual harassment policies and many also have formal training relating to the prevention of sexual harassment in the workplace. It shows up in many employee manuals and most companies tell employees to go to human resources or a manager the moment they feel uncomfortable or feel an incident might have occurred.
Harassment can occur in many different social settings such as the workplace, the home, school, churches, etc. Harassers or victims may be of any gender. In most modern legal contexts, sexual harassment is illegal. Laws surrounding sexual harassment generally do not prohibit simple teasing, offhand comments, or minor isolated incidents—that is due to the fact that they do not impose a "general civility code".
Not a MyNAP member yet? Register for a free account to start saving and receiving special member only perks. This chapter reviews the information gathered through decades of sexual harassment research.
Part II Divisions 1 and 2 of the SDA set out the areas of public life in which it is unlawful to discriminate on the ground of sex, marital status, and pregnancy or potential pregnancy. These include:. Discrimination on the ground of family responsibilities is made unlawful only in dismissal from employment.