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Department of Employment, Training & Rehabilitation |
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NERC
Sexual Harassment |
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Facts About Sexual Harassment:
Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment. Sexual harassment can occur in a variety of circumstances, including but not limited to the following:
It is helpful for the victim to directly inform the harasser that the conduct is unwelcome and must stop. The victim should use any employer complaint mechanism or grievance system available. When investigating allegations of sexual harassment, EEOC looks at the whole record: the circumstances, such as the nature of the sexual advances, and the context in which the alleged incidents occurred. A determination on the allegations is made from the facts on a case-by-case basis. Prevention is the best tool to eliminate sexual harassment in the workplace. Employers are encouraged to take steps necessary to prevent sexual harassment from occurring. They should clearly communicate to employees that sexual harassment will not be tolerated. They can do so by establishing an effective complaint or grievance process and taking immediate and appropriate action when an employee complains.
What is Sexual Harassment on the Job? Sexual harassment on the job can range from blatant physical and verbal aggression to gentle patting and subtle coercion by persons seeking sexual favors. Individuals on any job can be victims of such unwanted sexual attention.
Is there a lot of Sexual Harassment? Like rape, most sexual harassment goes unreported because the victims are somehow made to feel ashamed of what has happened to them. They are afraid that other people will say "they asked for it" or that no one will believe them or they wont be able to prove it and will be branded as "trouble-makers". Rather than face embarrassment and retaliation, many victims who are lucky enough to transfer or get a new job elsewhere, quietly leave without saying anything. This leaves the harasser free to victimize others.
Is Sexual Harassment on the job unlawful? Yes, Federal and state laws prohibit sexual harassment in the workplace. However, victims of sexual harassment outside places of employment may not have the same protection. The Nevada Equal Rights Commission's jurisdiction of equal employment includes some of the strongest provisions in the nation. These provisions make it unlawful practice of an employer:
Title VII of the 1964 Federal Civil Rights Act contains similar provisions. Court cases challenging sexual harassment are relatively new and have not been decided uniformly. Court opinions in this relatively new area of the law may vary. State and other laws prohibit retaliation against individuals who file complaints. Victims don't have to fight sexual harassment by themselves. The Nevada Equal Rights commission and other organization can help.
What should you do about sexual harassment on the job? Individuals should not ignore harassment or blame themselves, even though this is a normal reaction. Nor should they think harassment is a joke or an accident since experience shows that the harassment will continue or increase if it is ignored. Instead, a person should respond immediately and directly to the offender to indicate that the behavior or remark is not acceptable.
Sexual discrimination is one form of employment of discrimination that Equal Rights Commission staff deal with frequently. The staff provides complete assistance to individuals with job discrimination complaints based on race, color, religion, national origin, sex, age or disability. This service includes counseling individuals, filing formal complaints, conciliation efforts and hearings and court actions if necessary to stop discrimination. This site cannot answer all questions about sexual harassment, but the commission staff will gladly provide individuals and employers with more detailed information and interpretation of the Nevada Equal Rights Commission's jurisdiction as it relates to sexual harassment and other aspects of discrimination as part of its statutory responsibility to provide technical assistance to encourage fair treatment.
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