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" (something for something) sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or academic performance, or (2) submission to or rejection of such conduct by an individual is used as the basis for employment or academic performance 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 or academic performance or creating an intimidating, hostile, or offensive working or academic environment.
WHAT FACTORS DETERMINE WHETHER AN ENVIRONMENT IS "HOSTILE?"
The central inquiry is whether the conduct "unreasonably interfered with an individual's work (or academic) performance" or created "an intimidating, hostile, or offensive working (or academic) 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) whether the conduct was frequently repeated; (3) whether the conduct was hostile or patently offensive; (4) whether the alleged harasser was a co-worker or supervisor (or faculty); (5) whether others joined in perpetrating the harassment; and (6) whether the harassment was directed at more than one individual. No one factor controls, rather, an assessment is made based upon the totality of the circumstances.
WHAT IS UNWELCOME SEXUAL CONDUCT?
Sexual conduct becomes unlawful as sexual harassment only when it is unwelcome. The challenged conduct must be unwelcome in the sense that the employee or student did not solicit or incite it, and in the sense that the employee or student 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.
WHO CAN BE A VICTIM OF SEXUAL HARASSMENT
The victim may be a woman or a man, an employee, a student or a guest at the College. The victim does not have to be of the opposite sex. The victim does not have to be the person harassed but could be anyone affected by the offensive conduct, including other persons in an office or other students in the classroom.
WHO CAN BE A SEXUAL HARASSER?
The harasser may be a woman or a man. He or she can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, a non-employee or a student.
CAN ONE INCIDENT CONSTITUTE SEXUAL HARASSMENT?
In "quid pro quo" cases, a single sexual advance may constitute harassment if it is linked to the granting or denial of employment or employment benefits or for academic advantages. However, unless the conduct is quite severe, a single incident or isolated incidents of offensive sexual conduct or remarks generally do no create a "hostile environment." A hostile environment claim usually requires a showing of a pattern of offensive conduct. It is possible for a single, unusually severe incident of harassment to be sufficient to constitute a Title VII violation. The more severe the harassment, the less need to show a repetitive series of incidents. This is particularly true when the harassment is physical. For example, the EEOC will presume that the unwelcome, intentional touching of charging party's intimate body areas is sufficiently offensive to alter the condition of his/her working environment and constitute a violation of Title VII.
CAN VERBAL REMARKS CONSTITUTE SEXUAL HARASSMENT?
Yes. The EEOC will evaluate the totality of the circumstances to ascertain the nature, frequency, context, and intended target of the remarks. Relevant factors may include (1) whether the remarks were hostile and derogatory; (2) whether the alleged harasser singled out the charging party; (3) whether the charging party participated in the exchange; and (4) the relationship between the charging party and the alleged harasser.
WHAT SHOULD A SEXUAL HARASSMENT VICTIM DO?
The victim has options. The victim could directly inform the harasser that the conduct is unwelcome, particularly when the alleged harasser may have some reason to believe that the advance may be welcomed. However, a victim of harassment need not always confront his/her harasser directly, so long as his/her conduct demonstrates that the harasser's behavior is unwelcome. The victim could also use any complaint mechanism or grievance system available. If these methods are ineffective, the victim could contact the EEOC.
WHAT SPECIFIC STEPS CAN THE COLLEGE TAKE TO PREVENT SEXUAL HARASSMENT?
Education and prevention are the best tools to eliminate sexual harassment in the workplace. The College's preventive program includes Policy 8-2-0 and Procedure 8-2-1 related to sexual harassment. The Policy and Procedure are available for review in the campus libraries, the offices of Vice Presidents, Deans, Directors and the Contact Persons. The College provides education for supervisory and non-supervisory employees and expresses strong disapproval for such conduct. The sanctions for harassment are outlined in the policy and procedure. For additional information, contact the College's General Counsel or one of the Contact Persons listed on page 4.
DOES THE COLLEGE HAVE A GRIEVANCE PROCEDURE?
The College's procedure for resolving sexual harassment complaints is designed to encourage victims of harassment to come forward. Victims are not required to complain first to the offending supervisor or faculty member. Confidentiality to the extent possible is maintained and effective remedies, including protection of victims and witnesses against retaliation, is crucial.
HOW ARE SEXUAL HARASSMENT LAWS ENFORCED?
EEOC enforces Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex or national origin; the Age Discrimination in Employment Act; the Equal Pay Act; prohibitions against discrimination affecting individuals with disabilities in the federal government; sections of the Civil Rights Act of 1991; and Title I of the Americans with Disabilities Act, which prohibits discrimination against people with disabilities in the private sector and state and local governments. Field offices are located in 50 cities throughout the United States and are listed in most local telephone directories under U.S. Government. To reach the nearest EEOC field office, dial toll free on 800-669-4000. More information on sexual harassment and information on all EEOC enforced laws may be obtained by calling toll free on 800-669-EEOC. EEOC's toll free TDD number is 800-800-3302.
Updated July 2002
