Sexual harassment

Overview
Sexual harassment is a form of sex discrimination that may violate federal or state human rights laws and Title VII of the Civil Rights Act of 1964. Sexual harassment encompasses a wide range of unwanted, sexually directed behavior. It includes, but is not limited to, verbal behavior such as sexual innuendoes or insults; suggestive comments or sexual propositions; nonverbal behavior such as leering or ogling, whistling, and suggestive or insulting sounds or gestures; and physical behavior such as unwelcome patting, hugging and touching a person's clothing, hair or body.
Anyone can be the target of sexual harassment regardless of gender, occupation or age. Since sexual harassment also creates a difficult environment for observers, you can be negatively affected even when the harassment is directed toward another person.

Sexual harassment in schools
Sexual harassment in schools is illegal, according to Title IX of the 1972 Education Act. Student-to-student harassment is the most common form of harassment in all grades. Most harassment in middle schools and high schools occurs in the hallways or classrooms. The most common complaints are inappropriate jokes, looks or gestures, followed by sexually suggestive touching, grabbing or pinching.

Sexual harassment in housing
Title VIII of the Federal Fair Housing Act covers sexual harassment in subsidized housing and some types of private housing. It prohibits discrimination in the sale and rental of housing, and prohibits any person from attempting to intimidate, coerce, harass or interfere with another's housing rights based on race, sex or other characteristics. In private housing, a person may experience sexual harassment from resident managers, groundskeepers or landlords. Low-income women living in public housing are especially vulnerable to demands for sexual favors in exchange for being moved up on a waiting list for vacancies or repairs -- or even avoiding eviction.

Sexual harassment in other locations
The catcalls, whistles, sexually abusive comments and other types of harassment that may occur at work or school occur even more often in public areas. However, there are fewer options for addressing the harassment.

Sexual harassment reporting
Sexual harassment often goes unreported due to many factors, including embarrassment, shame, concern about looking foolish or presumptuous, and the perception of being a troublemaker. A fear of increased harassment, retaliation or reprisal through disciplinary action or job loss may also be a factor. In some cases, the possibility of misinterpreting another person's intentions may be a concern. Many people think or hope the harassment will simply go away. They may feel responsible for the harassment or want to "fit in." Others may worry about not being believed or, in the case of workplace harassment, assume the company won't do anything about it.

Gender differences are often evident in views of sexual harassment. For example, a man's threshold for determining an action as sexual or threatening is often considerably higher than a woman's. When men are harassed, they often appear to experience less severe side effects than women who have been harassed.


Types of sexual harassment
There are three types of sexual harassment:
Hostile work environment is sexual harassment in which an employee engages in unwelcome sexual behavior that creates a hostile or abusive work atmosphere for another employee. Hostile work environment is the most common type of sexual harassment. Some examples of hostile work environment harassment include displaying sexually explicit materials, making comments about another's body parts or sex life, repeatedly asking a co-worker for a date, and inappropriately touching another employee.

Quid pro quo is sexual harassment that occurs when employment decisions (such as promotions, salary increases, transfers and work assignments) are based on the acceptance or rejection of sexual behaviors or favors. The sexual behavior does not have to be physical.

Sexual racism is sexual harassment based on sex and ethnicity.

Characteristics
Sexual harassment can take a serious toll on your health and well-being. Physically, you may experience fatigue, muscle tension or other discomforts related to stress.
Emotionally, you may feel angry, irritable and ashamed. You may be afraid of retaliation or what others think. If the harassment is taking place on the job, you may dread going to work. Other possible emotions include self-blame, self-doubt, guilt, low self-esteem, and feelings of vulnerability or powerlessness. It can also exert a significantly negative impact on psychological well-being, job satisfaction and work behavior.

Socially, you may be more guarded and experience decreased productivity, satisfaction on the job or at school, strained work and interpersonal relationships, increased absenteeism and decreased morale.


Coping strategies
Managers
Most companies have strict policies regarding sexual harassment. It's essential to follow your company's policy. Before beginning any investigation, talk to your company's human resources (HR) or personnel department and your manager or supervisor. If your company has a legal department, you may also want to consult with them before and throughout the investigation.

In addition, managers need to establish effective complaint procedures and create more than one path in the complaint process. If necessary, the person who alleges sexual harassment must be able to bypass the supervisor to file complaint. Start investigating the complaint immediately.

Interview the alleged offender and witnesses. Be an active listener, gather only the facts, and remain neutral and objective. Thoroughly document all interviews and relevant information. Respond to allegations in a timely manner and follow up with all parties. Keep information as confidential as possible. Focus on work performance issues and ensure that the parties involved are protected from retaliation. Consider conducting employee training in the area of sexual harassment. If you work in a primary or secondary educational setting, inform parents about the investigation.

Employees
Consult your company's human resource department, personnel department, and company policy for information about how to make a report and collaborate with your employer to reach the desired outcome. Seek support from your union steward, HR representative, manager or other personnel. The role of human resources, if they are available to you, is to investigate and ensure that the company and its employees are adhering to appropriate laws and policies. If there is no HR department, identify who assumes the HR role within your company.

It is also important for you to take care of yourself. Make sure you get enough sleep, eat healthy, exercise regularly and find time to relax. If you have concerns about your personal safety, establish a safety plan. Also, seek emotional support outside of your work environment. A positive support person listens without judging or blaming and validates all your feelings, including anger. He or she helps you feel emotionally and physically safe in order to experience anger. A support person may also help you brainstorm for suggestions about how you can handle the harassment situation in a way that will work best for you. He or she can help reassure you people care and things can improve. If you don't receive good support from family or friends, you may feel blamed or accused, alienated, misunderstood, disenfranchised, responsible for the harassment or that the situation is "no big deal." If this occurs, take care of yourself in other ways -- through individual counseling, support groups and advocacy services.

If you feel comfortable confronting the harasser, first remember to follow your company policies and procedures. (Note: Some employers do not allow personal contact. Consult your company's policy or HR department for clarification.) If your company policy allows contact, confront the harasser only if your physical safety is not in jeopardy and you have a witness, preferably a supervisor or HR representative. Be specific when you confront the person. Clearly describe the harassing behaviors. For example, you can say, "Your behavior toward me is making me uncomfortable. Please stop it right now. What I am referring to is __________ (state specific behavior)." Or, "Comments about my appearance/clothes/figure) offend me. I don't like compliments about anything except my work. My social life is private. I'm not interested in dating you or seeing you outside of office hours."

Hold the person accountable for his or her actions. Don't make excuses or pretend it didn't happen. Be serious, straightforward, and blunt by making honest and direct statements. Demand that the offensive behavior stop. Make it clear that everyone has the right to be free from sexual harassment. Reinforce your statements with strong, self-respecting body language -- make eye contact, keep your head up, shoulders back, and take a strong stance. While maintaining your position, be willing to hear what the other person has to say. Miscommunication is possible in some situations, and if the harassment is not severe or violent, it may be productive to consider the harasser's response. One way to do this is to use your support person or group as a sounding board. However, if the harasser refuses to talk with you, work together with HR or management to resolve the issue.


Prevention
While there are no guarantees that sexual harassment will not occur, there are steps everyone can take to prevent sexual harassment. Be aware of company policies, refrain from bringing material that could be perceived as offensive to the work/school environment, and always treat people as they wish to be treated.