EEOC Examples of Sexual Harassment Misconduct

The EEOC gives these examples for conduct that may constitute sexual harassment:

• It is a condition of employment. (In other words, it is one of the terms of being employed, and employment will not take place without some sort of sexual relation).
• It is a consequence of employment. (In other words, an employee either agreeing to or turning down sexual requests will affect decisions about employment, such as job termination or a promotion).
• It is an offensive interference with the job. (In other words, this conduct prohibits an employee from performing work duties, or creates a work environment that is intimidating, hostile, or offensive).

It is important to note that, unlike California law, Title VII does not specifically state that employees are protected from harassment based on sexual orientation. However, there have been court cases that challenged this. The Ninth Circuit Court of Appeals determined that it is possible for harassment that is motivated by a person's sexual orientation to violate Title VII.

To learn more about Sexual Harassment Prevention For Employees visit our Cal/OSHA Sexual Harassment Prevention For Employees Online Training web page.