How far is too far?

AuthorDykinga, Margaret S.
PositionSexual harassment in the workplace

Sexual harassment in the workplace is detrimental to the organization's productivity and is offensive to the employee to which the behavior is directed. The legal definition, examples of sexual harassment behavior, a list of actions cooperatives can undertake to prevent the behavior and steps an employee can take if they believe they are being harassed are outlined.

No one expects the workplace to be perfect - it's okay to tell jokes, compliment each other. tease and have fun. What is expected is that the workplace is safe for everyone. Sometimes the jokes, teasing, looks, touching - even compliments - cross the line and become sexual harassment.

The workplace is different. There are lots of behaviors that are not illegal outside the work environment - swearing, making suggestive comments, even acting inappropriately. These behaviors are not illegal because people can walk away if they are offended. In the workplace that's not so easy to do. The law protects employees because they can't walk away as easily from offensive or abusive behavior.

Sexual harassment affects both men and women. The disconcerting truth is that sexual harassment is not about affection and caring but the inappropriate use of power, intimidation and control over another person.

The Equal Employment Opportunity Commission (EEOC), defines sexual harassment as "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature" when: * submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; for example, "In order to work here you have to look sexy"; or * submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individuals; for example, "You'll get promoted only if you have a sexual relationship with your boss"; or * such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment; for example, "You have to listen to people's dirty jokes."

Because co-ops are liable for the behavior of their employees in the workplace, the following behaviors could increase a co-op's liability: * discussing sexual activities * telling off-color jokes * unnecessary touching * commenting on a person's figure * displaying sexually suggestive pictures * using indecent gestures * unwelcome advances or invitations * memos...

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