The Conduct Need Not Be Sexual In Nature

Sexual harassment means objectionable conduct directed at another person because of his or her sex, sexual orientation, or gender identity. Some conduct that isn't explicitly sexual in nature may be considered sexual harassment if it's directed at a woman because she's a woman, a man because he's a man, or a transgender person because of their gender identity.

For example, at least one court has ruled that a man's violent physical attack on a woman was sexual harassment because the attack was based on the woman's gender (that is, she was assaulted because she was female), even though there was nothing sexual about the assault itself.

Examples:

• Several male employees sabotage the work of a female co-worker because she is a woman. Even though the behavior is not sexual in nature, their acts constitute sexual harassment because their behavior is motivated by the victim's sex.
• A female employee constantly stares at a particular male employee for long periods of time while he is working. He tells her to stop, but she keeps staring. Even though the act of looking at someone is not per se sexual, unwelcome staring can be perceived as inappropriate if motivated by the victim's sex.
• A transgender student is consistently and explicitly ostracized from participation in group work with other students.
• An instructor observes that a particular student is being harassed by other students in the class because of that student's sex, sexual orientation, or gender identity but does nothing to intervene.

Promotional Photos of Law School and Campus | Flickr - Photo Sharing! : taken from - https://secure.flickr.com/photos/38420014@N03/12592501035Author: Wake Forest University School of Law