The Civil Rights Act of 1964 protects employees from sexual harassment in the workplace. The federal act covers both government and private employees with 13 or more employees. Various states, such as Arizona, have similar state laws to provide double protection for sexually harassed workers. The law requires employers to provide sexual harassment policies to protect employees and take prompt, remedial action against sexual harassers.
Quid Pro Quo
The Civil Rights Act outlaws quid pro quo sexual harassment, which occurs when an employee's job requirements are contingent on sexual advances. For example, a supervisor who threatens to fire a subordinate unless she agrees to date him commits quid pro quo harassment. A boss who demotes a worker after she rejects his sexual advances also commits quid pro quo harassment. Hiring, promotions, transfers or any condition of employment cannot be based on sexual favors.
Hostile Work Environment
Sexual harassment also includes the existence of a generally hostile workplace. For example, male employees who cat call at their female co-workers or consistently crack sexual jokes can make a workplace unbearable. Employers must provide employees reasonable means to report hostile conditions and must take prompt measures to end sexual harassment when it occurs. An employee generally has a duty to follow a company's reporting policy so employers have the opportunity to eliminate hostile conditions.
Reasonable Person Standard
Isolated, sexual comments or conduct do not automatically create a hostile work environment. A hostile workplace generally must include frequent and severe, sexual behavior. The test to determine whether a hostile workplace exists is whether a reasonable person would be disturbed by the conduct. For example, pinning nude photos of women in a break room is generally unacceptable. However, someone looking through a swimsuit magazine during break does not likely create a hostile workplace.
Sexual harassment predominantly affects women. However, men are also protected from sexual harassment at work. For example, a female boss cannot condition a male subordinate's pay raise on sexual favors. Nor may employers tolerate hostile environments toward males. Sexual harassment also includes same-sex conduct. For example, a female supervisor cannot subject another woman to quid pro quo harassment. And a group of men cannot target a fellow male co-worker with sexually demeaning or harassing conduct.
- Hemera Technologies/Photos.com/Getty Images