Sexual harassment: Overview, definition, and example
What is sexual harassment?
Sexual harassment refers to unwelcome or inappropriate behavior of a sexual nature that creates a hostile or intimidating environment. It can involve verbal, physical, or visual conduct that interferes with a person’s work, performance, or emotional well-being. Sexual harassment is illegal in many places and is considered a form of discrimination in the workplace or other environments. It includes actions such as unwanted sexual advances, inappropriate comments, or physical contact, and can be perpetrated by a colleague, supervisor, or even a customer.
For example, an employee may experience sexual harassment if a supervisor repeatedly makes suggestive remarks or touches them without consent.
Why is sexual harassment important?
Sexual harassment is important because it affects the well-being of individuals and the functioning of organizations. It creates an unsafe and uncomfortable environment for victims and can result in emotional distress, decreased productivity, and legal liabilities for businesses. Addressing sexual harassment is crucial for maintaining a respectful, inclusive, and professional atmosphere in workplaces and other environments. Employers have a responsibility to prevent and address sexual harassment, and to ensure that employees feel safe reporting any incidents.
Understanding sexual harassment through an example
Let’s say an employee in an office setting receives repeated unsolicited flirtatious comments and physical advances from a colleague, despite making it clear they are not interested. This constitutes sexual harassment because the behavior is unwelcome, creates discomfort for the employee, and interferes with their ability to perform their job. In this case, the employee may report the incident to human resources, and the company would be required to investigate and take corrective action.
In another example, a supervisor continually sends inappropriate messages to an employee, making suggestive comments about their appearance and pressuring them to go on a date. The employee feels uncomfortable and does not want to be placed in that situation. This behavior is also considered sexual harassment, and the employee may file a complaint under company policy.
An example of a sexual harassment policy clause
Here’s how a sexual harassment policy clause might appear in an employee handbook or workplace agreement:
“The Company maintains a zero-tolerance policy towards sexual harassment. Any employee who engages in unwelcome sexual advances, inappropriate comments, or physical behavior of a sexual nature will face disciplinary action, up to and including termination. Employees are encouraged to report any incidents of sexual harassment, and the Company is committed to investigating all complaints promptly and thoroughly.”
Conclusion
Sexual harassment is a serious issue that can negatively impact individuals and the work environment. It is important for businesses and organizations to implement strong policies to prevent and address sexual harassment, ensure that victims feel supported, and promote a culture of respect and professionalism. By recognizing and addressing sexual harassment, businesses help protect their employees' rights and maintain a safe, productive environment.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.