While the definition quoted above reflects the historical fact that the majority of sexual harassment complaints involve a male harasser and a female complainant (or victim), the definition applies equally to female harassers and male victims as well as same-sex harassment. As described by the U.S. Office for Civil Rights and we agree:
'Sexual harassment consists of verbal or physical conduct of a sexual nature, imposed on the basis of sex by an employee or an agent that denies, limits, provides different, or conditions the provision of aid, benefits, services or treatment by sexual preambles. Generally, harassment at its extreme occurs when a person, in a position to control, influence, or affect another individual's education, grades, job, or career, uses their authority and power to coerce an individual into sexual relations, or to punish that individual for refusing sexual relations."
| For example, sexual harassment may include: |
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- Direct sexual advances, obscene gestures, sexual assault or subtle pressure for sexual activity;
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- Unwelcome physical contact;
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- Demands for sexual favors, unwelcome sexual filiations, touching, advances, propositions, accompanied by implied or overt threats concerning one's job, grade or letter of recommendation;
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- Sexual inquiries, jokes and epithets sexual comments and innuendoes
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- Derogatory comments about a person's sex or sexual orientation
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- Other forms of verbal abuse of a sexual nature, such as whistling or catcalling
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- Offensive or unnecessary touching, such as patting, pinching or constant brushing against a person
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- Physical interference with a person's movements
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- The display of sexually suggestive or degrading posters, photographs or objects on the job and
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Sexual harassment does not refer to occasional compliments of a socially acceptable nature, or welcomed social relationships This unwelcome sexual behavior is defined from the perspective of the victim, not the harasser. The harasser does not have to be the victim's supervisor. The harasser may be a supervisor who does not supervise the victim, a non-supervisory employee (co-worker), or, in some circumstances, even a non-employee, such as a recipient of public services or a vendor. The victim does not have to be the person at whom the unwelcome sexual conduct is directed. The victim may be someone who is a witness to and personally offended by such conduct when it is directed toward another person. Sexual harassment does not depend on the victim's having suffered a concrete economic injury as a result of the harasser's conduct; it can include the creation of a hostile environment within which the victim must work. Sexual harassment can occur not only in the workplace itself, but also during work assignments away from the workplace and at employer-sponsored off-site events, if the behavior creates a hostile work environment for the victim or otherwise meets the definition of sexual harassment. A man as well as a woman may be the victim of sexual harassment and a woman as well as a man may be the harasser.
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