b'Sexual HarassmentWho, What, Why . . . Who does it apply to: Any business with one or more employees. Theharassmentissevereorpervasivesoastoalter the conditions of the victims employment and create an Whatisit:Everyonehasabroadsenseofwhatsexualabusive working environment. To be severe or pervasive, harassment is, but most do not understand what it is from athe harassment must be offensive such that both the victim legal standpoint. Under the law, sexual harassment falls into twoand a reasonable person would perceive the harassment categories: quid pro quo and hostile work environment. Quidas hostile and abusive. pro quo translate loosely to this for that, and in this context it usually means demanding sexual favors for advantages in theCommon Situations: workplace. Hostile work environment does not usually involveVendor harassing receptionist: A vendor who regularly sells to sexual advances but rather unwanted sexual comments thatyour company sexually propositions your receptionist each time make the work environment untenable. he comes to your facility, and your receptionist complains of the harassment. An employer can be liable for the harassment of Whoisliable:Thebusinesscanbeliable,butindividualsnon-employees toward employees if the employer is aware of responsible for allowing the harassment or failing to address thethe harassment and takes no action to prevent it.harassment (e.g. the harasser, the supervisor or HR, or even the owner of the business) may also be liable for harassmentUnintentional hostile work environment: In every office there when a claim is made.are individuals who are not easily offended and those who are more sensitive. If a group of employees, who are not offended Who can be affected: Though sexual harassment has traditionallyby sexual jokes or comments, make those jokes or comments been thought of as an offense by men against women, anyonein earshot of an easily offended employee, the employer can can be a victimany gender identity, any sex, any orientation. beliableforahostileworkenvironmentclaimeventhough the comments were not in any way directed toward the easily What is required for quid pro quo harassment: offended employee. Unwelcomeadvancesorrequestsforfavorsbyan employeeinapositiontocontrolsomeaspectoftheIndirectquidproquoharassment:Asupervisoroverthe victims employment; and shipping department requests that a lower-level employee in theSubmission to the request is an express or implied conditionpurchasing department engage in a sexual relationship. When of receiving an employment benefit OR that employeesthe employee refuses the advances, the supervisor uses his refusal results in significant change in employment statusinfluence with the purchasing supervisor to have the employee such as hiring, firing, failing to promote, reassignment, ordemoted. Even though the harasser did not have direct control other significant change in benefits. over the lower-level employee, the supervisors use of influence results in quid pro quo sexual harassment. What is required for hostile work environment harassment: Homosexual hostile work environment harassment: A group ofUnwelcome harassment of any kind whether in a singlestraight employees jokingly place pictures of naked women in incident or accumulating over time; the locker of a known homosexual employee on a regular basisThe harassment affects a term, condition, or privilege ofand make jokes about homosexuals toward the homosexual employment; andemployee. If the homosexual employee perceives the attacks 43'