Sexual Harassment Prevention: The Illinois Requirements _ _________________________________________
• Gender harassment: Insults or remarks based upon sex, jokes, sexist comments, sexting, pornography, dehumanizing epithets (e.g., dog, whore), grabbing • Unwanted sexual attention or conduct: Expressing sexual attraction, sexual pursuit, pressure for dates, unwanted compliments, the discussion or displaying of visual depictions of sex acts or sexual remarks; a show of sexual interest that is unwelcome • Sexual coercion: Demands or pressure for sexual favors; sexual compliance is usually a condition of employment decisions Victims of sexual harassment can be either men or women, although, as discussed, women are more likely to be victims of sexual harassment than men [12]. The harasser can be of the same or different sex as the victim (e.g., a man may harass a woman or another man). Additionally, it is possible that a victim is not the target of the harasser but was affected by offensive behavior that was targeted toward another person. Harassers may be the victim’s supervisor, employer, co-worker, or even a non-employee (e.g., client, patient) [11]. TYPES AND FORMS OF SEXUAL HARASSMENT There are two categories of sexual harassment as outlined by Title VII of the Civil Rights Act of 1964: quid pro quo and hostile work environment [2; 8]. Quid Pro Quo Quid pro quo, meaning “this for that” in Latin, consists of a supervisor or other superior asking for sexual favors in exchange for benefits at work. These demands may be outright or implied. Benefits may include a promotion, a pay increase, a bigger office, approval of vacation time, better work shifts, or keeping one’s job. Quid pro quo harassment also includes nega- tive repercussions from refusing to perform the acts requested by the superior. For example, the harasser may threaten to or actually fire, demote, or assign unpleasant work assignments or bad work shifts to the victim as retaliation [8]. According to the law, even if a person acquiesced to the advances of a superior at first, she or he can report the sexual harassment at a later time [15]. Also, it may be possible for a third-party to be affected by and report sexual harassment—for example, if he or she was denied a promotion because another person submitted to the advances of a superior. Hostile Work Environment Hostile work environment sexual harassment is similar to quid pro quo in that it may involve sexual advances. However, a key difference is that the harasser may not offer benefits or threats. Also, the harassment may not come from a supervisor but rather a coworker, vendor, client, or patient. It includes unwanted and unwelcome advances, comments, jokes, or any other content that is offensive, hostile, or threatening and that affects or even prevents the employee from doing her or his job. This may include but is not limited to [8]:
• The telling of sexual or “dirty” jokes or stories • The use of offensive or derogatory sexual language to refer to someone • Speaking offensively and sexually about a person’s gender in general • Showing the victim offensive sexual images • Any physical contact of a sexual or unnecessarily intimate nature that is repeated and is done without the permission of the victim In cases of hostile work environment sexual harassment, a third-party may be the unintended victim—for example, if he or she overhears offensive jokes or speech and it affects work performance. LAWS AND REGULATIONS DEFINING SEXUAL HARASSMENT Title VII of the Civil Rights Act of 1964 As noted, Title VII of the Civil Rights Act of 1964 is a fed- eral law that protects workers from discrimination regardless of their gender, race, color, national origin, or religion [2]. The EEOC was created under Title VII and is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee. This law applies to businesses with 15 or more employees and to federal, state, and local governments. Violation of Title VII can encompass all aspects of employment, including but not limited to hir- ing, firing, layoffs, compensation, training, promotions, and assignments. It is also illegal to discriminate against a person for making a complaint or reporting discrimination. Specifi- cally, section 703 of Title VII states it shall be an unlawful employment practice for an employer to [2; 8]: • Fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his/her compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin • Limit, segregate, or classify his/her employees or applicants for employment in any way that would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his/her status as an employee, because of such individual’s race, color, religion, sex, or national origin 29 C.F.R. Part 1604.11 The Code of Federal Regulations Part 1604.11 states that sexual harassment directly defies section 703 of Title VII of the Civil Rights Act of 1964 [14]. The Code reads [14]: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when (1) submission to such conduct is made either explicitly
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