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                         August 30, 2002

How to deal with sexual harassment

Commentary by Michael J. Bilello

What is sexual harassment and who is to blame in a situation when sexual harassment is occurring?

According to the Equal Employment Opportunity Commission, "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." Additionally, the victim, as well as the harasser, may be a woman or a man and the victim does not have to be of the opposite sex.

Examples of sexual harassment include personal remarks about someone’s sexual activities, body or dress; display of sexist cartoons, pictures, or magazines; frequent "accidental" touching; frequently finding oneself alone with the suspected offender because of his or her maneuverings and frequent innuendoes or insinuations of a sexual nature.

Who could be the harasser? The harasser could be the victim’s supervisor, an agent of the employer, a supervisor in another area, a co-worker or a non-employee. It is also important to note that unlawful sexual harassment may occur without economic injury to, or discharge of, the victim. The bottom line is that the harasser’s conduct must be unwelcome.

What are your options if you become the victim of sexual harassment? First and foremost, realize that it is not your fault. Regardless of what a victim wears, says, or does, he or she is lawfully protected from sexual harassment. In a sexual harassment situation, the fault always rests with the harasser, not the victim. Good judgment and adherence to workplace standards, however, should always prevail in regard to clothing and behavior choices.

If at all possible, confront the offender directly, and make it clear that you are not interested and that you find the behavior offensive and unacceptable. Keep a written record of the harassment and be sure to report it immediately to your supervisor. If your supervisor is the harasser, then use your chain of command.

It is important to give management an opportunity to resolve the situation before taking your concerns outside of the organization. If your chain of command takes no action, or action that you feel is insufficient, you may then initiate the EEO complaint process within 45 calendar days of the date of the incident of harassment. For more information on the EEO complaint process, contact the EEO Office at 938-4478.