POSH QUESTIONS
2. What
is "quid pro quo" sexual harassment?
3. What
is "hostile environment" sexual harassment?
4. What factors determine whether an environment is hostile?
5. What is unwelcome sexual conduct?
6. How will the EEOC determine whether conduct is unwelcome?
Frequently Asked Questions Regarding Sexual Harassment
What
is Sexual Harassment?
Sexual harassment is a form of sex discrimination which is a
violation of Title VII of the Civil Rights Act of 1964. The EEOC's guidelines
define two types of sexual harassment: "quid pro quo" and
"hostile environment."
What
is "quid pro quo" sexual harassment?
Unwelcome sexual
advances, requests for sexual favors, and other verbal or physical
conduct of a sexual nature constitute "quid pro quo" sexual
harassment when (1) submission to such conduct is made either explicitly
or implicitly as a term or condition of an individual's employment, or (2)
submission to or rejection of such conduct by an individual is used as the
basis for employment decisions affecting such individual.
What
is "hostile environment" sexual harassment?
Unwelcome sexual advances, requests for sexual favors, and other
verbal or physical conduct of a sexual nature constitute "hostile
environment" sexual harassment when such conduct has the purpose or
effect of unreasonably interfering with an individual's work performance
or creating an intimidating, hostile, or offensive working environment.
What
factors determine whether an environment is hostile?
The central inquiry is whether the conduct "unreasonably
interfered with an individual's work performance" or created
"an intimidating, hostile, or offensive working environment." The
EEOC will look at the following factors to determine whether an
environment is hostile:
(1) whether the conduct was verbal or physical or
both;
(2) how frequently it was repeated;
(3) whether the conduct was hostile or patently offensive;
(4) whether the alleged harasser was a co-worker or
supervisor;
(5) whether others joined in perpetrating
the harassment; and
(6) whether the harassment was directed at more than one
individual.
No
one factor controls.
An assessment is made based upon the totality of the circumstances.
What
is unwelcome sexual conduct?
Sexual conduct becomes
unlawful only when it is unwelcome. The challenged conduct must be
unwelcome in the sense that the employee did not solicit or incite it,
and in the sense that the employee regarded the conduct as undesirable or
offensive.
How
will the EEOC determine whether conduct is unwelcome?
When confronted with
conflicting evidence as to whether conduct was welcome, the EEOC will look
at the record as a whole and at the totality of the circumstances,
evaluating each situation on a case by case basis. The investigation
should determine whether the victim's conduct was consistent, or
inconsistent, with his/her assertion that the sexual conduct was
unwelcome.
Interactive