Sexual harassment can occur in a variety of circumstances, including but not limited to the following:
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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.
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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.
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The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
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Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
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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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