SEXUAL HARASSMENT

Unwelcome sexual advances, requests for sexual favors (quid pro quo), and other verbal or physical conduct of a sexual nature constitute sexual harassment when 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.

Sexual harassment can occur in a variety of circumstances. The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex. The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee. The victim does not have to be the person harassed but could be anyone affected by the offensive conduct. Unlawful sexual harassment may occur without economic injury to or discharge of the victim. The harasser's conduct must be unwelcome. In order to maintain a claim it is generally held that the victim should use any employer complaint mechanism or grievance system available.

Prevention is the best tool to eliminate sexual harassment in the workplace. Employers are well advised to take steps necessary to prevent sexual harassment from occurring. They should clearly communicate to employees that sexual harassment will not be tolerated. They can do so by providing sexual harassment training to their employees and by establishing an effective complaint or grievance process and taking immediate and appropriate action when an employee complains.

FOR EMPLOYEES: If you feel that you were denied a position due to your sex or sexual orientation or that you are being sexually harassed, discriminated because of your sex or have been retaliated for whistle blowing or filing or supporting a sexual discrimination or sexual harassment claim, please call me at 215-545-8917 to discuss your situation.

FOR EMPLOYERS: If you are an employer with questions about you should treat a particular employee to ensure compliance with Title VII, or are in need of sexual harassment training services or effective complaint or grievance procedures and handbooks, please call me at 215-545-8917 to discuss your situation.

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