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Employee sexual harassment includes unwanted physical contact, speech, or gestures that make an employee feel uncomfortable or threatened. It can be complex to determine what constitutes harassment, but it is always unacceptable without consent. Companies should outline acceptable behavior to prevent harassment.
Employee sexual harassment is any kind of contact, talk or other contact that makes an employee feel uncomfortable or sexually threatened. While it is possible for customers to sexually harass an employee, this term is usually used for professional harassment. For behavior to constitute sexual harassment by an employee, it must be done without the consent of the other party. Deciding which actions constitute harassment and which are normal behaviors is often more complex than it first appears.
Sexual harassment in the workplace is a complex issue because people in the workplace often have social relationships. It is clear, however, that unwanted physical contact of a sexual nature always constitutes sexual harassment of employees, if not sexual assault. Touching between employees that might appear innocent, such as patting someone on the back, can be interpreted as sexual harassment if that employee adheres to a philosophy that prohibits touching. Given the complexities surrounding human-to-human contact, it’s safe to say that any kind of contact can constitute sexual harassment by employees in some cases.
Oftentimes, sexual harassment takes the form of speech rather than touch. Any talk about another employee’s body or about sexual function in general may constitute employee sexual harassment if a person overhearing the conversation is offended. Even invitations to events that could be construed as sexual can be offensive. In fact, even inviting another employee on a date can constitute sexual harassment if a person frequently makes invitations after being asked to stop.
There are many other threatening gestures that can also constitute sexual harassment, although these are generally considered more serious than just harassment. For example, sending pornographic images to another employee is a serious form of harassment. Threatening any type of rape or sexual assault is always a serious sexual offense and could also be considered harassment.
These activities can only be considered employee sexual harassment if it is unwanted or unrequited. Also, unless it is overtly sexual physical contact, steps must be taken to ensure that the harassing employee understands why her actions will not be tolerated. Sometimes a couple may work for the same company and any gestures of affection between them should not be considered sexual harassment, even though other employees around them might be offended by their public displays of affection. To be safe, many companies outline what types of touching and talking are acceptable for all employees, regardless of relationships with each other.
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