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Sexual Harassment Information Sheet

This document defines sexual harassment and provides examples of sexually harassing behaviors. It notes that sexual harassment is illegal and violates civil rights. The document outlines the roles and responsibilities of employees, supervisors/managers, and employers in preventing and addressing sexual harassment in the workplace. Employers can be held liable for sexual harassment and have an obligation to prevent harassment and respond promptly to complaints.

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193 views4 pages

Sexual Harassment Information Sheet

This document defines sexual harassment and provides examples of sexually harassing behaviors. It notes that sexual harassment is illegal and violates civil rights. The document outlines the roles and responsibilities of employees, supervisors/managers, and employers in preventing and addressing sexual harassment in the workplace. Employers can be held liable for sexual harassment and have an obligation to prevent harassment and respond promptly to complaints.

Uploaded by

Abdifatah Said
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Sexual Harassment Information Sheet

What Is Sexual Harassment?


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

submission to or rejection of 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 violates an individual's basic civil rights, undermines the integrity of
the workplace, and adversely affects workers and clients whether or not they are direct
subjects of harassment. Sexual harassment is a form of discrimination on the basis of sex
and is, therefore, prohibited in the work place by both state and federal law, as well as
the collective bargaining agreements between the State of Vermont and the Vermont
State Employees' Association, Inc. It is also unlawful to retaliate against an employee for
filing a complaint of sexual harassment or for cooperating in an investigation of sexual
harassment.

Examples of Sexually Harassing Behaviors


The behaviors listed below are examples of some of the behaviors that can constitute
sexual harassment. Sexual harassment occurs if the behavior is sexual and unwanted, if
an individual's employment position is dependent on submitting to or accepting the
behavior, or if it contributes to an offensive, hostile, or uncomfortable work
environment.

These behaviors are unacceptable, and should not be present in any work environment,
no matter how formal or informal, or whether it is an on-site or off-site work
environment:

Sexual jokes, innuendos, and gestures;


Unsolicited and unwelcome flirtations, advances of propositions, however
subtle;
Graphic or degrading comments about someone's appearance, dress, or body;
Staring at an individual or focusing upon a particular area of the body;
"Elevator eyes"… looking someone up and down;
Whistling, cat calls, leering;
Terms of address such as "honey", "baby", "chick," "hunk", or "dear";
Regularly offering personal gifts such as flowers, candy, etc.;
Display of sexually suggestive objects or pictures;
Sexual or intrusive questions about an individual's personal life;
Explicit descriptions of the harasser's own sexual experiences;
Neck or shoulder massages;
Pressure (however subtle) for sexual activity;
Explicit offers of sex for grades, money, or other rewards;
Any unnecessary, unwanted physical contact such as touching, rubbing,
hugging, pinching, patting, or kissing;
Physical or sexual assault, including rape

Facts About Sexual Harassment


Sexual harassment can occur in a variety of circumstances, which include but are 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.

An Employee's Role in the Prevention of Sexual Harassment in the Workplace


All State of Vermont employees are expected to follow the State of Vermont sexual
harassment policy, as well as any agency or department policy. Compliance with the
law and policies includes not retaliating against any employee or person who
complains about sexual harassment, whether the complaint is formal or informal. In
addition, employees are encouraged to report acts of sexual harassment, even where
they consider themselves only witnesses and not victims of the harassing behavior. In
addition, for any employee that is a victim of sexual harassment, the following guidance
is offered:

Tell the person firmly that you find their behavior objectionable.
Tell your supervisor. If your supervisor is the harasser, don' t fear losing your
job, tell his/her manager or any departmental manager, personnel officer, Equal
Employment Opportunity (EEO) officer, or a representative of the Department of
Human Resources.
Consult and/or file a complaint of sexual harassment with VSEA.
Keep a detailed log of the offensive behavior.

Supervisors' / Managers' Role in the Prevention of Sexual Harassment in the


Workplace
Stated generally, the role of a supervisor or manager is to provide and maintain a work
place free from sexual harassment. In order to meet that goal, supervisors and managers
should:

Notify all subordinates of the sexual harassment policy;


Prevent retaliation against employees who file a complaint of sexual harassment;
Ensure that employees know they are not required to endure sexual harassment;
that sexual harassment will not be allowed; that the State's Sexual Harassment
Policy will be enforced; and that charges of sexual harassment will be impartially
and immediately investigated;
Ensure that employees are provided gender-relations training;
Post the State's Sexual Harassment Policy and a poster that announces the Policy
in prominent and accessible locations in the work place.

Managers or supervisors who do not deal with sexual harassment complaints consistent
with the terms of State of Vermont and/or Department policies may be subject to
disciplinary action.

Prevention Methods
The victims of sexual harassment should not be held responsible for the misbehavior of
those who harass them, however, victims can deter harassment and/or help their
employer effectively respond to complaints if they:

Conduct themselves in a business-like manner.


Dress appropriately for the job.
Become familiar with their right to work in an environment free from
discrimination based on sex.
Become acquainted with their organization's policy and procedures for reporting
harassment.
Determine ahead of time, what kind of action they would take if harassed.

Agency/Department Liability
Employers are always potentially liable for manager/supervisor's sexual misconduct
toward an employee. An employer is subject to vicarious liability to a victimized
employee for an actionable hostile environment created by a manager or supervisor
with immediate (or successively higher) authority over the employee.
When no tangible employment action is taken, a defending employer may raise an
affirmative defense to liability or damages, subject to proof by a preponderance of the
evidence. To succeed in such a defense, employers would have to show they exercised
reasonable care to prevent or correct promptly any sexually harassing behavior and that
the employee unreasonably failed to take advantage of any preventive or corrective
opportunities provided by the employer or to avoid harm otherwise. For that reason, it
is especially important that supervisors and managers are aware of their responsibilities
and work to meet those responsibilities.

Individual Liability
Individuals who commit sexual harassment may face more than just employment-based
discipline. They may also face a lawsuit for damages, with the cost and burden of
defending such a suit, as well as the potential for a judgment against them. In addition,
certain types of sexual harassment may rise to the level of criminal conduct, which
could be the subject of prosecution.

Non-Employee Harassment
Sexual harassment can also come from outside of the organization. Section 1604.11,
Paragraph (e) of the federal guidelines establishes the right of employees to be
protected from harassment by non-employees. Employers may be held responsible for
acts of sexual harassment perpetrated by non-employees who are conducting business
in the employee's work environment if the employer is aware of the harassment and
does not take measures to correct the conduct.

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