From FindLaw.com...
In the federal context, sexual harassment is considered to be a form of sex discrimination under Title VII of the Civil Rights Act of 1964. According to the Equal Employment Opportunity Commission (EEOC) "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."
There are two different types of sexual harassment claims, although the manner in which a court will distinguish between the two for purposes of deciding whether harassment has occurred has become blurred in recent years:
Quid Pro Quo: Sexual harassment that occurs when a supervisor or one in an authority position requests sex, or a sexual relationship, in exchange for not firing or otherwise punishing the employee, or in exchange for favors, such as promotions or raises.
Hostile Work Environment: Sexual harassment that occurs through the presence of demeaning or sexual photographs, jokes or threats. The inappropriate behavior or conduct must be so pervasive as to, as the name implies, create an intimidating and offensive work environment.
Each state is different with regard to protections against sexual harassment. For example, Alabama allows for an employee to sue an employer for sexual harassment based on a theory of invasion of privacy. Vermont law, in comparison, requires every employer to adopt a policy against sexual harassment. Other states have no specific law prohibiting or punishing sexual harassment.
Common Myths About Sexual Harassment Law:
~Only women can be harassed. This is not true. Courts have previously ruled that a man can be harassed by a woman, although such a situation is slightly more rare than a male harassing a woman.
~A woman can't harass another woman and a man can't harass another man. This is not true. The U.S. Supreme Court has recognized that illegal sexual harassment can occur between people of the same sex.
~Sexual harassment can only occur in a workplace. This is not true. The U.S. Supreme Court has ruled that teachers, professors, and other individuals with authority in school systems (including universities and colleges) can sexually harass students in violation of the law. While the case was decided under Title IX of the Education Amendments of 1972, rather than Title VII of the Civil Rights Act of 1964 the implication was the same: a teacher can sexually harass a student.
~Only supervisors or those in authority positions can be a harasser. This is not true. A harasser can be a coworker and, in some cases, a third party such as an agent or client of the employer. The key is whether the employer knew or should have known of the harassing behavior and failed to take action.
