Sexual Harassment In The Workplace

The phrase “sexual harassment” became highly publicized in 1975 as activists and writers began addressing the problem. Shortly after 1980, articles and publications in regards to sexual harassment spread rampantly as the result of congressional hearings, increased litigation, and the adoption of the Equal Employment Opportunity Commission guidelines.

Harassment on the basis of sex is a violation of Title VII of the Civil Right Act 1964. Title VII states, “Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct is made either explicitly or implicitly a term or condition of an individual’s employment; submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting the individual; or such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment. Sexual harassment consists of verbal or physical conduct of a sexual nature, imposed on the basis of sex, by an employee or agent of a recipient that denies, limits, provides different, or conditions the provision of aid, benefits, services or treatment protected under Title VII.” [1]

Sexual harassment is categorized as a form of sexual discrimination, which constitutes this behavior as illegal under existing federal and state laws. To enforce these laws, Congress has mandated federal agencies accountable for ensuring the full compliance of workplaces and educational establishments. The Equal Employment Opportunity Commission (EEOC) was established to enforce Title VII and to investigate allegations of discrimination.

In November 1980 the EEOC published specific guidelines on sexual harassment, which lucidly states that sexual harassment is a form of sexual discrimination. The EEOC uses a very complex definition, but everything in regards to sexual harassment is covered within the confines of these guidelines. These guidelines cover many key points. These key points, plus court decisions provide the legal definition of sexual harassment and spell out the rights and responsibilities of employers and employees.

Section A of the guidelines states, that unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment.