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What is sexual harassment? Sexual harassment is not just any conduct that deals with sex or gender. It would be impossible for courts to prevent all sexual discussion and conduct from the workplace. Rather, the Equal Employment Opportunity Commission (EEOC) has stated that "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes 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." One problem in defining sexual harassment is that people have many different interpretations as to what is offensive. The courts have tried to solve this dilemma by using a reasonable person standard. Thus, the question becomes: Would a reasonable person (a person of average sensitivity) find the conduct offensive? The courts have established two types of sexual harassment. Keep in mind that the harasser can be of the same gender as the victim, and that the victim can be female or male (although usually female). The two types of sexual harassment are: 1. Quid Pro Quo Sexual Harassment This type of harassment is easy to recognize. It occurs when your boss tells you that you have to perform sexual favors in order to keep your job, get a raise, or get a promotion. The company you work for is generally deemed liable for quid pro quo harassment even if you did not report it, because the harasser (a person in a position of authority) is an agent of the company. 2. Hostile Work Environment This type of harassment occurs when there is a pattern of offensive behavior that results in you being uncomfortable in your employment surroundings. Some examples of acts that might create a hostile work environment are: pornography being displayed in the workplace, continuous disparaging comments about your gender, offensive sexual jokes or comments, unwelcome advances or touching, etc. The harasser does not have to be your superior, he/she can be any co-worker or even a customer. You generally must report hostile work environment harassment to a supervisor in order for your company to be held liable. General advice on what to do if you are harassed: The most important thing to do is to keep a log of the harassment. Record every act, when it was done (date/time), and who did it (first and last name). If there were any witnesses present, record that information. Talk to your friends at work about the harassment - they might be experiencing the same thing, and they're probably as sick of it as you are! If you receive any offensive notes, pictures, or objects, save them. Another important tip is to tell people you trust about the harassment. They could be called as witnesses later if your employer says you made up the claim after you were fired, etc. Sometimes the harassment will stop if you simply tell the harasser to quit - often he/she has never been confronted directly (only try this if you feel safe). Most employers have their sexual harassment policy posted in a common employee area, like a break room. The policy should detail the steps to report the harassment. If not, you might ask a supervisor or somebody in personnel about the company's policy. Once you report the harassment, your company should take steps to stop the harasser. If you are dissatisfied with the company's actions, you may wish to consider outside help. When sexual harassment was deemed illegal under Title VII of the Civil Rights Act of 1964, Congress established the EEOC to investigate and litigate claims of sexual harassment. The EEOC is a federal agency that has jurisdiction over companies employing more than 15 people. You can reach the Tampa office of the EEOC at (813) 228-2280. In Florida, you have 300 days following the harassment to report it to the EEOC. The EEOC will investigate and give you a "right to sue" letter if they can substantiate (prove) your claim. Once you have a right to sue letter, you can either stay with the EEOC or hire a private lawyer. Many people hire private lawyers because the EEOC has such a high volume of claims to litigate. You can hire a private lawyer from the beginning, but sometimes lawyers will not take your case on a contingency basis (no lawyer fees up front) until they are sure that you have a claim, so the right to sue letter helps you in that regard. If your employer has less than 15 employees and thus is not covered by the EEOC, the Florida Attorney General's Office has a Civil Rights Division that might investigate your claim. You can reach the Tampa office at (813) 871-7790 for more information regarding the type of cases they will investigate. In closing, remember that sexual harassment is illegal. You have the right to work in a respectful, safe environment. You can contact Gainesville Area or Campus NOW if you have any additional questions. Important Phone Numbers:
Attorney General's Office, Civil Rights Division, Tampa Office ** The above information is general in nature and is not a substitute for legal advice. You should consult a licensed attorney for legal advice regarding sexual harassment.
Prepared by Lori J. Guevara |
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For further information on harassment, visit the Women-Friendly Workplace Campaign on the national web site for NOW at: |
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Painting by Artist Dana Tiger of
Oklahoma