Governing Regulations
While sexual harassment is not explicitly governed by OSHA regulations, Section 5 (a)(1) of the OSH Act requires that all employers provide a workplace "free from recognized hazards that are causing or likely to cause death or serious physical harm" to their employees. This OSHA provision is applicable to sexual harassment when such incidents create an unsafe working environment or causes the victim harmful levels of stress.
Workplace sexual harassment is prohibited by Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, or national origin. The EEOC considers sexual harassment to be a form of gender discrimination, and harassment claims may be filed directly through the EEOC.
- Many states and local governments have their own discrimination and harassment laws and agencies that handle claims independent of the EEOC. These are referred to as Fair Employment Practices Agencies (FEPAs). In some cases, FEPAs enforce laws offering more protection to workers, such as protection from discrimination because an employee is married or single, has children, or because of sexual orientation. There also may be different deadlines for filing a charge, different standards for determining whether you are protected by these laws, and different types of relief available to victims of harassment.
