Sexual Harassment Training

CONTACT HOURS: 1

BY: 

Sheree L. Goldman, DNP, MSN, RN, WHNP

LEARNING OUTCOME AND OBJECTIVES:  Upon completion of this continuing education course, you will demonstrate an understanding of sexual harassment and appropriate responses in the workplace. Specific learning objectives to address potential knowledge gaps include:

  • Define sexual harassment.
  • Identify examples of the types and forms of unlawful sexual harassment.
  • Describe appropriate actions that a victim or witness to sexual harassment in the workplace may take.
  • Explain how to report sexual harassment within one's place of employment and to outside entities.
  • Discuss whistleblower protection laws for employees who report sexual harassment.
  • Summarize the responsibilities of employers to prevent, investigate, and correct sexual harassment.

TABLE OF CONTENTS

  • What Is Sexual Harassment?
  • Forms of Sexual Harassment in the Workplace
  • Responding to Sexual Harassment in the Workplace
  • Reporting Employee Sexual Harassment to the EEOC
  • Employer Considerations Regarding Sexual Harassment
  • Conclusion
  • Resources
  • References

WHAT IS SEXUAL HARASSMENT?


Sexual harassment of employees is a form of sexual discrimination that may occur in the workplace or with work-related individuals outside of the work environment. Sexual harassment is linked to power structures and positions the victim to either submit to the exploitation or to endure adverse conditions (Legal Voice, 2022).

Sexual harassment can include unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Such harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general (EEOC, n.d.-e).

Both victim and harasser can be any gender. Although the majority of cases of sexual harassment are reported by female victims, in fiscal year 2021, the Equal Employment Opportunity Commission (EEOC, 2022) reported that 16.3% of sexual harassment charges were filed by males. The harasser can be the victim’s supervisor, a supervisor in another area, a coworker, or someone who is not an employee of the employer, such as a client or customer.

Under federal law, sexual harassment is considered a form of employment discrimination under Title VII of the Civil Rights Act of 1964, which states that it is unlawful to discriminate against a person because of that person’s sex (including sexual orientation, gender identity, and pregnancy). Title VII applies to employers of 15 or more workers; labor unions and organizations; employment agencies; and state, federal, and local government agencies.

Sexual harassment is conduct that is so frequent or severe that it creates a hostile or offensive work environment, interferes with performance at work, or results in an adverse employment decision. The law also protects job applicants, employees, and former employees from discrimination and from retaliation if they file a complaint about discrimination (Civil Rights Act, 1964).

SEX DISCRIMINATION

The Supreme Court ruled on June 15, 2020, on a case involving the EEOC that sex discrimination includes discrimination based on sexual orientation or gender identity. The court’s ruling addresses Title VII, which states that an employer may not discriminate against an employee on the basis of sex, and interprets this law to include people who identify as homosexual or transgender (Bostock V. Clayton County, Georgia, 2020).