TRINKETS OF AFFECTION OR TOKENS OF OFFENSE: SEXUAL HARASSMENT IN THE WORKPLACE
During the month of February, the symbol of the heart is prominent. We recognize American Heart Month (http://www.heart.org/HEARTORG/ and we celebrate Valentine’s Day. It is a time when we take care of our hearts and take care of those who hold our hearts. But while greeting cards, roses and heart-friendly dark chocolate candies abounded and brought smiles to many faces, some people who found these trinkets of affection on their desks at work viewed them more as tokens of offense. As harmless as these tokens may seem, when they are given under certain circumstances, this intended act of kindness may be considered sexual harassment.
The Equal Employment Opportunity Commission (EEOC), (www.eeoc.gov ), the United States federal agency tasked with defining and regulating certain civil rights defines sexual harassment as:
“[u]nwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature,” when
(1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;
(2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
(3) 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.”
Based on the EEOC’s definition, sexual harassment can be verbal or nonverbal, physical or visual. It can range from flirting to touching and from comments to jokes. It is not even necessary for a person to make an explicit statement. Circulating an email or picture of a sexual nature can be sexual harassment. Innuendo can also be considered sexual harassment. And sexual harassment can be directed toward a person of the opposite sex or same sex.
A key component of sexual harassment is that the conduct must be unwelcome. Conveying that conduct is unwelcome is not always easy, especially if the individual’s job is subordinate to the person who initiates the unwelcome conduct. Another component of sexual harassment is the severity and frequency of the conduct. If a single unwelcome act is of a severe nature, such as a sexual proposition, then the single act alone may be considered sexual harassment. On the other hand, a single act of placing on an employee’s desk a card, which says “will you be my valentine,” without any notice that such a gift is unwelcome may not be considered severe enough to constitute sexual harassment. Repeatedly giving an employee a card with this message, however, after having been asked to cease doing so could be considered sexual harassment.
The first two categories, characterized as “quid pro quo”, which means “this for that”, have generally been thought to be actions which can only be carried out by persons having the authority to affect an individual’s terms or conditions of employment, such as managers or supervisors who make decisions regarding hiring and termination, performance evaluations, promotions, salaries and even the location at which an individual performs his or her work. The last category, however, is fair game and can be initiated by persons who not only work for the employer but it can also be initiated by persons who do business with the employer, such as vendors and courier services. At the heart of the matter is that employees, whether they are paid a salary or wage, whether they volunteer or whether they are under a contract, have a right to work in an environment which is free from unwanted sexual advances.
For information and training on sexual harassment awareness and prevention, call the HR4NON-PROFITS team at 630.830.4443 or visit our website at www.hr4nonprofits.com. Follow us on Facebook and Twitter.
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Theresa Dear
