The following definition was obtained from the U. S. Equal Employment Opportunity Commission:
“It is unlawful to harass a person (an applicant or employee) because of that person’s sex. Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.
Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general.
Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex.
Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).
The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.”
GENERAL DEFINITION OF HARASSMENT:
“Harassment is a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, (ADEA), and the Americans with Disabilities Act of 1990, (ADA).
Harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. Anti-discrimination laws also prohibit harassment against individuals in retaliation for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or lawsuit under these laws; or opposing employment practices that they reasonably believe discriminate against individuals, in violation of these laws.
Petty slights, annoyances, and isolated incidents (unless extremely serious) will not rise to the level of illegality. To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to reasonable people.
Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance. Harassment can occur in a variety of circumstances, including, but not limited to, the following:
- The harasser can be the victim’s supervisor, a supervisor in another area, an agent of the employer, a co-worker, or a non-employee.
- The victim does not have to be the person harassed, but can be anyone affected by the offensive conduct.
- Unlawful harassment may occur without economic injury to, or discharge of, the victim.
Prevention is the best tool to eliminate harassment in the workplace. Employers are encouraged to take appropriate steps to prevent and correct unlawful harassment. They should clearly communicate to employees that unwelcome harassing conduct will not be tolerated. They can do this by establishing an effective complaint or grievance process, providing anti-harassment training to their managers and employees, and taking immediate and appropriate action when an employee complains. Employers should strive to create an environment in which employees feel free to raise concerns and are confident that those concerns will be addressed.
Employees are encouraged to inform the harasser directly that the conduct is unwelcome and must stop. Employees should also report harassment to management at an early stage to prevent its escalation.
Employer Liability for Harassment
The employer is automatically liable for harassment by a supervisor that results in a negative employment action such as termination, failure to promote or hire, and loss of wages. If the supervisor’s harassment results in a hostile work environment, the employer can avoid liability only if it can prove that: 1) it reasonably tried to prevent and promptly correct the harassing behavior; and 2) the employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer.
The employer will be liable for harassment by non-supervisory employees or non-employees over whom it has control (e.g., independent contractors or customers on the premises), if it knew, or should have known about the harassment and failed to take prompt and appropriate corrective action.
When investigating allegations of harassment, the EEOC looks at the entire record: including the nature of the conduct, and the context in which the alleged incidents occurred. A determination of whether harassment is severe or pervasive enough to be illegal is made on a case-by-case basis.
If you believe that the harassment you are experiencing or witnessing is of a specifically sexual nature, you may want to see EEOC’s information on sexual harassment.”
WHY DID I POST THIS? I AM GLAD YOU ASKED.
WE are living in a time where everyone is now coming out of the woodwork accusing people of harassment, be it sexual or otherwise. Some can be proven and some can’t. Many of these women remained silent for fear of retribution. For those that know me, I am not one to tolerate foolishness so trust and believe . . . if I see or experience harassment, sexual or otherwise, I AM NOT WAITING TO ADDRESS IT. I have seen women and men humiliated and their jobs threatened if they reported being treated in a less than humane and respectful manner. Oh, I can hear the comments. “You don’t know what it is like.” “If your job is threatened and you have to raise a family, you won’t say anything.” “If you speak up, you will never work again.” REALLY? I believe in a higher power and that higher power takes care of me and ALL OF MY NEEDS.
If someone harasses you in any way, shape, or form, SPEAK UP!
I don’t understand how there is such a double standard being allowed to exist. Donald Trump has sexually harassed women through the years and it has been proven on multiple occasions and yet HE IS STILL IN OFFICE. Many elected officials are being exposed for that harassing behavior toward men and women. Actors, Producers, Directors are being exposed for unwelcome advances toward others. Some have been taken down and their lives and careers ruined for harassing others. BUT . . . I STILL DON’T UNDERSTAND HOW DONALD TRUMP HAS THE NERVE TO THROW STONES AT OTHERS WHO HAVE BEEN ACCUSED (with evidence in some cases) WHEN HE IS GUILTY OF THIS DESPICABLE ACT AS WELL! Clearly we don’t have elected officials with the backbone to hold this man accountable for his actions and remove him from office.
For those who voted for him, I hope that you are happy. I truly believe that this country has descended to a level of ignorance that I don’t think I will live to see us ascend from.