Sexual Harassment

There is nothing wrong with consensual, mutually enjoyable flirting. It is usually welcome attention, and no one is being dishonored. Flirting is harmless, amorous action without serious intent. However, there is everything wrong with sexual harassment.  Sexual Harassment could potentially be the fast way to achieve unemployment. The same laws that prohibit gender discrimination prohibit sexual harassment. Title VII of the Civil Rights Act is the main federal law that prohibits sexual harassment.

The U.S. Equal Employment Opportunity Commission stipulates that “it is unlawful to harass a person (an applicant or employee) because of that person’s sex preference and/or gender. Harassment can include sexual harassment or unwelcome sexual advances, request for sexual favors, and other verbal, non-verbal communication and /or physical harassment of a sexual nature.”

What Is Sexual Harassment?

Sexual harassment is any unwelcome sexual advance or conduct on the job that creates an intimidating, hostile, or offensive working environment. Any conduct of a sexual nature that makes an employee uncomfortable has the potential to be sexual harassment. The harasser can be the victim’s supervisor, manager, or coworker, or internal customers (such as a vendor or customer), depending on the incidents. Whether it is direct ( you were the one receiving the action) or indirect ( you are witness of inappropriate behavior sexual in nature) An employer may even be liable for harassment by a nonemployee.

If someone flirts and it is unwanted and she or he may be asked to stop and they don’t stop, then it is harassment. When a someone flirts or behave sexual in nature and the attention is wanted by both parties, but the witness is offended – it is sexual harassment. When the attention is unwanted and no one speaks up, it is still sexual harassment.

Sexual harassment is about how others perceive your intentions. With the definition of sexual harassment being so broad here are some simple examples to help identify the behavior:

• Your flirting is overly sexual (i.e., making explicit comments about their appearance, talking about what you would like to do to them sexually) even though this person has never expressed sexual interest in you.
• Your generalized sexist statements and behavior convey insulting or degrading attitudes about women or men. Examples include insulting remarks, offensive graffiti, obscene jokes or humor about sex or women or men in general.
• You make unwanted, inappropriate and offensive sexual advances.   Examples include repeated unwanted sexual invitations, insistent request for dinner, drinks or dates, persistent letters, phone calls and other invitations.
• You display gross sexual imposition (such as forceful touching, feeling, grabbing) or sexual assault.
• Your solicitation of sexual activity or other sex-linked behavior by promise of reward; the proposition may be either overt or subtle.
• You are in a position of power or authority relative to the person you’re flirting with.
• You have the ability to create consequences for the person if they don’t return your interest.
• You display coercion of sexual activity or other sex-linked behavior by threat of punishment; examples include negative performance evaluations, withholding of promotions, threat of termination.

Ways to Avoid it

Implementing and maintaining strong policies and procedures are the best practices in avoiding sexual harassment in your office.

Steps you can take to reduce the risk factor.

1. Adopt a clear sexual harassment policy. In your employee handbook, you should have a policy devoted to sexual harassment with clearly stated policy penalties for engaging in sexual harassment practices.

2. Train employees and staff. Adapt a routine training schedule to train on policy and procedures. Train employees and staff on how situations are recognized and reporting procedures. Encourage reporting. The U.S. Army is a good model to follow, routinely they have safety stand down days and rewards for maintaining positive working environments.

3. Take all complaints serious and monitor your work place. In my workshops I coach how to recognize sexual harassment, how not to fall victim, and how to avoid being the perpetrator. As well as, simple tips leaders can utilize to maintain positive successful working environments.

When innocent flirting crosses the line it damages the office culture, productivity and profits suffer; no one wins.