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Now let's take a closer look at what sexual harassment is. Because sexual attraction can play a role in the day-to-day social exchange between employees, "the distinction between invited and uninvited-but-welcome, offensive-but-tolerated, and flatly rejected" sexual advances may be difficult to discern. Each individual employee has the responsibility to refrain from sexual harassment in the workplace. An individual employee who sexually harasses a fellow worker is, of course, liable for his or her individual conduct. So, what is Sexual Harassment? It includes but is not limited to the following: Unwanted sexual advances. Requests for sexual favors or offering employment benefits in exchange for sexual favors. Retaliating or threatening to retaliate after a negative response to a sexual advance. Visual conduct, such as leering, making sexual gestures, displaying of suggestive objects or pictures, cartoons or posters. Verbal sexual derogatory comments, descriptions, slurs, and jokes. Verbal sexual advances or propositions. Verbal abuse of a sexual nature, graphic verbal commentaries about an individual's body, sexually degrading words used to describe an individual, suggestive or obscene letters, notes or invitations. Physical conduct, such as touching, assault, impeding or blocking movements. Keep in mind that federal law does not prohibit simple teasing, offhand comments, or isolated incidents that are not extremely serious. A single incident or isolated incidents of offensive sexual conduct or remarks generally do not qualify as sexual harassment. Although, it is important for employers, employees, and supervisors to remember that it's always wise to keep a professional demeanor whenever in the workplace. To be considered sexual harassment, the conduct must be sufficiently frequent or severe. The conduct must: affect an individual's employment, such as being hired, fired, promoted or demoted, unreasonably interfere with an individual's work performance, or create an intimidating, hostile, or offensive work environment. Here's one example of sexual harassment between employees: An employee regularly tells his co-worker that he really likes her and wants to go out with her. She continues to say no. He seems to hang around her at work as much as he can, often staring at her. Anytime he gets the chance to be close to her at work, he brushes up next to her while walking or touches her in some way. One day when they are alone, he tries to kiss her. Here's another example of sexual harassment between a supervisor and employee: A supervisor sends an employee messages on Facebook that he likes her and would like to go out. She refuses each time. But he continues to email messages that he will give her a raise if she just says she is his girlfriend to other coworkers. He asked several times. Each time she replied that she will not. The next week, the supervisor fires her. Sexual harassment can occur in a variety of circumstances: The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex either. The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, or a co-worker -- even a non-employee. The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
Because sexual attraction can play a role in the day-to-day social exchange between employees, the distinction between invited, uninvited-but-welcome, offensive-but-tolerated, and flatly rejected sexual advances may be difficult to discern. Each individual employee has the responsibility to refrain from sexual harassment in the workplace. An individual employee who sexually harasses a fellow worker is, of course, liable for his or her individual conduct.