What is Sexual Harassment?

The Equal Employment Opportunity Commission's definition of sexual harassment Links to an external site. in the workplace is fairly legalistic, but here it is: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

  • Submission is made either explicitly or implicitly a term or condition of the victim's employment; or
  • Submission to (or rejection of) the conduct is used as a basis for employment decisions affecting that individual; or
  • The conduct has the purpose or effect of unreasonably interfering with the victim's work performance or creates an intimidating, hostile or offensive working environment.

The Office of Civil Rights defines Sexual harassment as:

conduct that:   

  1. is sexual in nature;
  2. is  unwelcome; and
  3. denies  or limits a student’s ability to participate in or benefit from a school’s  education program.

Sexual harassment can take different forms depending on the  harasser and the nature of the harassment. The conduct can be carried out by  school employees, other students, and non-employee third parties, such as a  visiting speaker. Both male and female students can be victims of sexual  harassment, and the harasser and the victim can be of the same sex.

The conduct can occur in any school program or activity and  can take place in school facilities, on a school bus, or at other off-campus  locations, such as a school-sponsored field trip or a training program at  another location. The conduct can be verbal, nonverbal, or physical.

The judgment and common sense of teachers and school  administrators are very important elements in determining whether sexual  harassment has occurred and in determining an appropriate response, especially  when dealing with young children.

There are two basic types of unlawful sexual harassment: quid pro quo and hostile work environment. Both involve unwelcome conduct of a sexual or gender related nature.