Sexual Harassment

Definition
Sexual harassment is defined, as in the Equal Employment Opportunity Commission Guidelines, as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when, for example:

• Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

• Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or

• Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment.

Examples of Inappropriate Behaviors

• Generalized gender-based remarks and comments;

• Unwanted physical contact such as intentional touching, grabbing, pinching, brushing against another’s body, or impeding or blocking movement;

• Verbal, written or electronic sexually suggestive or obscene comments, jokes or propositions including letters, notes, e-mails, text messages, invitations, gestures or inappropriate comments about a person’s clothing;

• Visual contact, such as leering or staring at another’s body; gesturing; displaying sexually suggestive objects, cartoons, posters, magazines or pictures of scantily-clad individuals; or displaying sexually suggestive material on a bulletin board, on a locker room wall, or on a screen saver;

• Explicit or implicit suggestions of sex by a supervisor or manager in return for a favorable employment action such as hiring, compensation, promotion, or retention;

• Suggesting or implying that failure to accept a request for a date or sex would result in an adverse employment consequence with respect to any employment practice such as performance evaluation or promotional opportunity; or

• Continuing to engage in certain behaviors of a sexual nature after an objection has been raised by the target of such inappropriate behavior.

Filing a Complaint

If you believe you have experienced sexual harassment in the workplace, you are encouraged to file an EEO complaint by submitting a completed Discrimination Complaint Processing Form to equalopportunity@njdepwptest.net.