Sexual harassment can occur in a variety of circumstances, including but not limited to the following:
The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.
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.
The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
The harasser's conduct must be unwelcome.
Quid pro quo. Where an employee is required to submit to unwelcome sexual conduct as a condition of his or her job, or in order to gain some job benefit. For example, a supervisor demands that a subordinate have an affair with him or her in order to keep their job or be considered for a promotion.
Hostile workplace environment. The inappropriate behavior or conduct must be so pervasive as to create an intimidating and offensive work environment and can be visual or verbal.
- Visual. Displaying pictures, posters, calendars, graffiti, objects, reading materials, or other materials that are sexually suggestive, demeaning, or pornographic; reading or otherwise publicizing materials that are in any way sexually revealing, suggestive, demeaning, or pornographic.
- Verbal. Sexually oriented gestures, noises, remarks, jokes, or comments about a person's sexuality or sexual experience.
- Physical. Intentional physical conduct that is sexual in nature, such as touching, pinching, patting, grabbing, brushing against another employee's body, poking another employee's body, and blocking or impeding pathways.
- Retaliation. Disciplining, changing work assignments of, or refusing to cooperate with an employee who has complained about or resisted harassment, discrimination, or retaliation.
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