Sexual Harassment is defined by the Equal Employment Opportunity Commission as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment. The harasser can be a female or a male and can be a supervisor, co-employee, or non-employee such as a vendor or customer. Sexual harassment can occur in a variety of circumstances involving persons of the opposite sex or the same sex. The conduct can be directed at the victim, or the victim can be a bystander adversely affected by the hostile environment.
When investigating allegations of sexual harassment, employers should have a process in place that is fair and fully responsive. Employees should be educated as to the process to follow and there should be at least two different methods to report a claim, just in case the first reporting method involves the actual harasser. An immediate, thorough and proper investigation and response is required. Businesses faced with a sexual harassment claim are wise to hire attorneys trained in this area of law to investigate and assist the employer in determining the best approach for all involved.
