What is Sexual and Other Forms of Harassment?

By Eileen M. Levitt, SPHR

The Supreme Court first recognized Sexual Harassment in 1986. Since then, sexual and other forms of harassment have become a growing employer issue. In 1992, just 6 years after recognition, there were 6,883 sexual harassment charges filed with the EEOC and $7 million was awarded in damages. In 1997 there were 15,889 cases filed and $49 million was awarded.

Harassment applies to companies of 15 or more employees and is defined as discrimination of a protected class. Those classes are: race, ethnicity, national origin, citizenship, religion, gender, age, pregnancy, sex, sexual orientation (effective 10/1/01 in Maryland), and appearance (Howard County, MD). Specifically, harassment can be, but it is not limited to: making or using derogatory comments, epithets, slurs, or jokes; unwanted sexual advances; verbal or sexual advances or propositions; offering employment benefits in exchange for sexual favors; making or threatening reprisals after a negative response to sexual advances; visual conduct (leering); verbal abuse of a sexual nature: graphic verbal commentaries about an individual's body: sexually degrading words used to describe an individual, or suggestive or obscene letter, notes or invitations; physical conduct that includes touching, assaulting or impeding or blocking movements; unwelcome sexual advances (verbal or physical); or requests for sexual favors and other verbal or physical conduct of a sexual nature.

Harassment can be from a co-worker, supervisor, someone of the same sex, contractors, clients, applicants, etc.

The best way to avoid sexual harassment is prevention through a well written policy, employee and manager training, and effective and appropriate investigation once a complaint is filed.

Still confused? You can always contact The HR Team for assistance.

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