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:

• 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.
  
• The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.
  
• The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
  
• Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
  
• The harasser's conduct must be unwelcome.

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.


 

• 1Harassment
• 2Sexual harassment
  • 2.1How To File A Charge of Employment Discrimination
  • 2.2Sexual Harassment Support
  • 2.3FAQ
  • 2.4Discussion Forum
• 3Job Discrimination
• 4Age discrimination
• 5Equal Opportunity

[top]How To File A Charge of Employment Discrimination

Filing a Charge

Federal Employees: Please see our fact sheet on Federal Sector Equal Employment Opportunity Complaint Processing.

If you believe you have been discriminated against by an employer, labor union or employment agency when applying for a job or while on the job because of your race, color, sex, religion, national origin, age, or disability, or believe that you have been discriminated against because of opposing a prohibited practice or participating in an equal employment opportunity matter, you may file a charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC).

Charges may be filed in person, by mail or by telephone by contacting the nearest EEOC office. If there is not an EEOC office in the immediate area, call toll free 800-669-4000 or 800-669-6820 (TDD) for more information. To avoid delay, call or write beforehand if you need special assistance, such as an interpreter, to file a charge.

There are strict time frames in which charges of employment discrimination must be filed. To preserve the ability of EEOC to act on your behalf and to protect your right to file a private lawsuit, should you ultimately need to, adhere to the following guidelines when filing a charge.

Title VII of the Civil Rights Act (Title VII) charges must be filed with EEOC within 180 days of the alleged discriminatory act. However, in states or localities where there is an antidiscrimination law and an agency authorized to grant or seek relief, a charge must be presented to that state or local agency. Furthermore, in such jurisdictions, you may file charges with EEOC within 300 days of the discriminatory act, or 30 days after receiving notice that the state or local agency has terminated its processing of the charge, whichever is earlier. It is best to contact EEOC promptly when discrimination is suspected. When charges or complaints are filed beyond these time frames, you may not be able to obtain any remedy.

Americans with Disabilities Act (ADA) - The time requirements for filing a charge are the same as those for Title VII charges.

Age Discrimination in Employment Act (ADEA) - The time requirements for filing a charge are the same as those for Title VII and the ADA.

Equal Pay Act (EPA) - Individuals are not required to file an EPA charge with EEOC before filing a private lawsuit. However, charges may be filed with EEOC and some cases of wage discrimination also may be violations of Title VII. If an EPA charge is filed with EEOC, the procedure for filing is the same as for charges brought under Title VII. However, the time limits for filing in court are different under the EPA, thus, it is advisable to file a charge as soon as you become aware the EPA may have been violated.

For more detailed information, please contact the EEOC office nearest to you.

[top]Sexual Harassment Support

Sexual Harassment Support (SHS)

Sexual Harassment Support is providing information and services on the World Wide Web for non-commercial use.


What is sexual harassment and why is it so difficult to confront?

Sexual harassment is unwanted and unwelcome behavior, or attention, of a sexual nature that interferes with your life. Sexual advances, forced sexual activity, statements about sexual orientation or sexuality, requests for sexual favors, and other verbal or physical conduct of a sexual nature all constitute sexual harassment. The behavior may be direct or implied. Sexual harassment can affect an individual's work or school performance, and can create an intimidating, hostile, or offensive environment.


Sexual harassment can occur in a number of ways, such as:

• The victim as well as the harasser can be either male, or female. The harasser does not have to be of the opposite sex.
  
• The harasser can be anyone: the victim's supervisor, a client, a co-worker, a teacher or professor, a schoolmate, a stranger, even a family member.
  
• The harasser's behavior must be unwelcome.
  
• The victim does not have to be the person directly harassed but can be anyone who finds the behavior offensive and is affected by it.
  
• While adverse effects on the victim are common, this does not have to be the case for the behavior to be unlawful.
  
• The harasser may be completely unaware that their behavior is offensive or constitutes sexual harassment, or they may be completely unaware that their actions could be unlawful.

Uncertainty and Denial

Because sexual harassment encompasses a vast range of behavior, there is much confusion about the problem. (See Sexual Harassers) In truth, sexual harassment actually relies on a victim's uncertainty about how to describe, and label, what is happening to them. A rape victims knows when they have been raped, but sexual harassment victims often do not understand what they are experiencing, or even why they are being hurt by it. Even if they can describe the experience to themselves, victims often differ in their willingness to accept what is happening.

Also, the people around the victim may have difficulty understanding and accepting that the harassment is occurring, and their reactions may increase the victim's confusion and isolation. Most often, when a sexual harassment victim speaks out about what they are experiencing, they are the ones who are considered the problem, not the harasser.

For these reasons, and the fear that harassment can incite, most victims never report what they have experienced. Often, they do not even talk about it to friends and family. Plus, when there is denial (including institutional denial), disbelief or placement of blame on the victim, recovery is much more difficult.

Many specific factors can underlie the uncertainty in identifying, and accepting, what a sexual harassment victim has been experiencing. You may be struggling with:

• Confusion --you don't know how to describe to yourself what has been happening
  
• Embarrassment -- you may feel embarrassed by the experience
  
• Victim-blaming -- Others may be blaming you for what has happened, and the "victim" may now have become the "accused." As in the case of sexual assault and rape, the dress, lifestyle and private life of the victim seem to become more important than the behaviour being investigated.
  
• Guilt -- you may feel guilt over what has happened, or be blaming yourself.
  
• Shame -- you feel ashamed of what has been happening; you may not want to accept the idea that you are a victim, or feel you should be able to stop the harassment
  
• Denial – you don’t want to believe that this is real; those around you may not want to believe this, either.
  
• Minimizing – you tell yourself it’s “not that big a deal,” I’m being overly sensitive” or “I’m being a prude.” You may be hearing this from others.
  
• Fear – you are afraid of retaliation by your harassers or harasser's colleagues, your coworkers, or people further-up in the hierarchy at work or school. You may fear being isolated or ostracized by people at work or school. You may be afraid you will get the harasser in trouble when all you want is the behavior to stop.
  
• Adaptation -- the abuse may have been going on for a long time, and the targets may feel that nothing can be done. Or, you have been told throughout your life that you should expect to be treated this way, and to "deal with it" silently.
  
• Numbing -- You want to distance yourself emotionally from the experience; you may also avoid people and places that remind you of these painful events.
  
• Triggers -- you may feel that talking about what happened causes too much pain and/or anxiety, or what is happening in the present could be triggering past experiences with assault or abuse.
  
• Invalidation -- you feel that no one will believe you if you were to report what is happening.
  
• Defamation -- your motives or character may be under attack, with people saying things to discredit you.
  
• Same-sex harassment -- if the harasser is of the same sex, you may be afraid people will question your sexual orientation
  
• Masculinity -- if you are male victim, you may be afraid that it is a reflection on your masculinity for you to not enjoy the sexual attention, or you may be afraid others will question your masculinity or sexual orientation.

[top]FAQ

What is discrimination?

Discrimination takes place when a person with a certain characteristic is treated or proposed to be treated less favourably than a person without that characteristic in the same or similar circumstances.

Discrimination can be direct (e.g. a practice not to employ females) or indirect (e.g. a height or weight requirement which females generally would have more difficulty meeting).


When is discrimination against the law?

Discrimination is only against the law if it takes place because of one of the following characteristics:

• sex (including sexual harassment)
• relationship status
• pregnancy
• parental status
• breast feeding
• age
• race
• impairment (e.g. disability or medical condition, such as HIV status)
• religious belief or religious activity
• political belief or activity
• trade union activity
• lawful sexual activity (sex workers)
• gender identity
• sexuality
• family responsibilities
• association with/relation to person who has one of these attributes,

and it happens in one of the following areas:

• employment and work related areas
• education
• providing goods and services
• superannuation
• insurance
• disposition of land
• accommodation
• club membership and affairs
• local government
• administration of laws and government programs.

What is sexual harassment?

Sexual harassment is any form of sexual attention that is unwelcome. It can include unwelcome touching or other physical contact, remarks with sexual connotations, requests for sexual favours, leering, or the display of offensive material. Sexual harassment is unlawful and applies to both men and women.


Is sexual harassment restricted to the workplace?

Sexual harassment is not restricted to the work place and applies in all situations.

Some common acts of sexual harassment are:

• fondling
• pinching
• touching
• embracing
• grabbing
• kissing
• repeated requests for dates
• sexual gestures and body movement
• smutty jokes and comments
• leering and staring
• questions about a person's sex life
• sex based insults
• displays of sexually graphic material e.g. cartoons, calendars.

Can sexual harassment be a criminal offence?

Sexual harassment may be a criminal offence. Some examples are a person making obscene phone calls, indecent exposure or sexual assault.


What is vilification and is it against the law?

Vilification is inciting hatred or serious contempt or severe ridicule of someone because of their race, religion, sexuality or gender identity. The law says vilification is an offence if it is as a public act to incite hatred or to cause or threaten to cause physical harm to someone or their property.

A public act means something done by writing letters to the public, speaking in a public place, putting up notices, or using the internet. It can also be a public act if you wear or display clothing or signs or emblems or insignia that is for the purpose of vilification.


What can I do if I think I've been discriminated against because of my criminal conviction?

You can complain about discrimination in the workplace on the basis of criminal record to the Human Rights and Equal Opportunities Commission (HREOC).

HREOC will try to resolve the complaint by conciliation. If the complaint does not resolve, HREOC will prepare a report for the Federal Government with its recommendations, however you cannot enforce a HREOC recommendation.

If you think you have been discriminated against because of your criminal convictions, you should get legal advice.


What is bullying and is it against the law?

Bullying is repetitive behaviour that is offensive, intimidating or humiliating that degrades or insults another person. Bullying can take place anywhere, that is at school or in the workplace.

If bullying is based on your age, race, religion, disability and it is covered by discrimination law, you can may a complaint to the state or commonwealth authorities. If the bullying is not against any discrimination law, it still may be against workplace or education policy. You should get legal advice.

If bullying is done at work, your employer may have policies on how to deal with workplace bullying. If bullying is at school or university, the education facility should have a policy on how to deal with bullying.


If I think I have been discriminated against who should I contact?

Discrimination laws come under both state laws and commonwealth laws. It is important to get legal advice to find out what your best options are to deal with your matter. For example the state law may have a wider range of grounds of discrimination and enforcement provisions than the commonwealth law.

If you think you have been discriminated against, you can contact the the Human Rights and Equal Opportunities Commission for matters under the Age Discrimination Act, Disability Discrimination Act, Racial Discrimination Act and Sex Discrimination Act.


Is there a time limit to make a claim?

Yes. Claims for discrimination (including sexual harassment) must be made within 12 months of the incident of discrimination.


Are there any exceptions to discrimination being against the law?

Yes. There are exceptions to discrimination being illegal and each case must be investigated on its merit. Some examples may include equal opportunity measures in employment or on religious grounds.


What is the process for resolving discrimination matters?

The process for resolving discrimination matters emphasises conciliation but if the matter is not resolved it can proceed to a formal hearing. If the court finds that you have suffered discrimination you may be given compensation (e.g. an amount of money).

[top]Discussion Forum

Latest threads from the forum Job Discrimination & Harassment

Discrimination and harassment in employment on the basis of race, color, religion, sex, national origin, gender, disability, etc.

 

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