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March 18, 2013

The Law and Your Job

Sexual Harassment

How is sexual harassment defined?

The EEOC defines sexual harassment as "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature...when...submission to or rejection of such conduct is used as the basis for employment decisions...or such conduct has the purpose or effect of...creating an intimidating, hostile or offensive working environment."

Thus, sexual harassment consists of two types of prohibited conduct:

  1. quid pro quo—where submission to harassment is used as the basis for employment decisions; and
  2. hostile environment—where harassment creates an offensive working environment.

>>How is sexual harassment defined?
>>What is quid pro quo harassment?
>>If a worker "voluntarily" has sex with a supervisor, does this mean that she has not been sexually harassed?
>>Is an employer liable for quid pro quo harassment engaged in by its supervisors?
>>What is hostile environment harassment?
>>Is an employer liable for hostile environment harassment?
>>What should victims of sexual harassment do?
>>How can employers prevent sexual harassment?

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