What is Sexual Harassment?

• Sexual harassment is any sexual behavior that is unwelcome and/or inappropriate in the workplace.

Examples of Sexual Harassment?

Verbal :

• derogatory comments
• dirty jokes (under the right circumstances)

Visual :

• posters
• cartoons all intended to embarrass someone
• drawings

Physical :

• sexual favors
• sexual advances
• confrontation with sexual demands
• “quid pro quo” or “this sexual favor for that promotion”

Sexual harassment is defined as "un-welcomed sexual advances or conduct". Sexual harassment also includes gender-based animosity and “sexually charged” or “hostile” work environment. In the work place, sexual harassment can come from the owner, supervisor, manager, lead person, foreperson, co-worker and/or customer.

EEOC (Equal Employment Opportunity Commission) studies show that sexual harassment can occur in a variety of circumstances, including but not limited to the following:

• The harasser's conduct must be un-welcomed.
• The victim does not have to be of the opposite sex.The victim as well as the harasser may be a woman or a man.
• The victim does not have to be the person harassed but could be anyone affected by the offensive conduct
• The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.
• Unlawful sexual harassment may occur without economic injury to or discharge of the victim.

Prevention is the best tool to eliminate sexual harassment in the workplace. Employers are encouraged to take steps necessary to prevent sexual harassment from occurring.

PIIC recommends:

1. Establish a Zero-Tolerance policy – communicate to all employees that sexual harassment is a violation of federal law, is discriminatory in nature, and not tolerated in your organization.
2. Distribute policy to all employees and provide training on ways to spot and handle sexual harassment in the workplace. Standard Policy Management Announcement
3. Implement an immediate and appropriate plan of action , based on your policy and procedures, and be consistent when taking such action. Supervisors, managers and upper level management must respond when faced or made known of an employee complaint.
4. Establish an effective complaint/grievance process

Sexual harassment is a form of sex discrimination; a violation of specific “protected classes” (age, disability, gender, national origin, race and religious beliefs) of Title 7 of the Civil Rights Act of 1964.

PIIC strongly recommends, as always, that you have all policies and procedures reviewed by your organizations attorney or counsel.

 View Your States Sexual Harassment Laws: State Sexual Harassment Laws

 Take the Sexual Harassment Quiz: Sexual Harassment Quiz

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IMPORTANT NOTICE - The information and suggestions presented by Philadelphia Indemnity Insurance Company in this E-Brochure is for your consideration in your loss prevention efforts. They are not intended to be complete or definitive in identifying all hazards associated with your business, preventing workplace accidents, or complying with any safety related, or other, laws or regulations. You are encouraged to alter them to fit the specific hazards of your business and to have your legal counsel review all of your plans and company policies.