Unacceptable Workplace Conduct
Is it Really Sexual Harassment?
Hostile environment cases are often difficult to recognize. The particular facts of each situation determine whether offensive conduct has “crossed the line” from simply boorish or childish behavior to unlawful gender discrimination. Some courts state that men and women, as a general rule have different levels of sensitivity -- conduct that does not offend most reasonable men might offend most reasonable women. In one study, two-thirds of the men surveyed said they would be flattered by a sexual approach in the workplace, while 15 percent would be insulted. The figures were reversed for the women responding. Differing levels of sensitivity have led some courts to adopt a “reasonable woman” standard for judging cases of sexual harassment. Under the standard, if a reasonable woman would fell harassed, harassment may have occurred even if a reasonable man might not see it that way.
Because the legal boundaries are so poorly marked, the best course of action would be to avoid all sexually charged conduct in the workplace. You should be aware that your conduct might be offensive to a co-worker and govern your behavior accordingly. If you’re not absolutely sure that behavior is sexual harassment, ask yourself these questions:
- Is this verbal or physical behavior of a sexual nature?
- Is this conduct offensive to persons who witness it?
- Is this behavior being initiated by only one of the parties who has power over the other?
- Does the employee have to tolerate that type of conduct in order to keep his or her job?
- Does the conduct make the employee’s job unpleasant?
If the answer to these questions is “yes,” put a stop to the conduct.
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