Policy Guidance: Application of the Age Discrimination in Employment Act of 1967 (ADEA) and the Equal Pay Act of 1963 (EPA) to American Firms Overseas, Their Overseas Subsidiaries, and Foreign Firms
The U.S. Equal Employment Opportunity Commission SUBJECT: Policy Guidance: Application of the Age Discrimination in Employment Act of 1967 (ADEA) and the Equal Pay Act of 1963 (EPA) to American firms overseas, their overseas subsidiaries, and foreign firms. PURPOSE: This Policy Guidance is in ...
What Should I Do?
Maybe you have been harassed at work for years. Maybe you are being harassed for the first time. Maybe someone or something at work is making you feel uncomfortable, but you aren't sure if it is harassment or not. What should you do? Trust your instincts. If something makes you uncomfortable, th ...
Is Harassment the Same as Discrimination?
Legal cases have shown that harassment is a form of discrimination. Many collective agreements and workplace harassment policies now use these legal decisions as their own guidelines to protect workers against harassment.
What Does the Law Say Harassment is?
There is more than one definition of harassment under the law. Some forms of harassment are clearer than others. More work has been done on sexual and racial harassment than on other forms. You can check the books listed at the back of this guide to learn how the law has changed to cover these ...
What Does the Harasser Think He is Doing?
Harassment can be confusing. You may wonder why the harasser is acting this way. He might not think he is harassing you. He might be very surprised when you call what he is doing harassment. He might not mean to harm you, He is treating you the way he has learned to treat women. He might fe ...
Is This Harassment?
There are many clearcut examples of harassment. Racist and homophobic insults are harassment. When a boss demands that an employee have sex or lose her job, it is clearly harassment, and it is against the law. But there are many less obvious examples. Many people are not sure if what they are e ...
Is Workplace Harassment Against the Law?
Sometimes if is. If someone's behaviour is making you uncomfortable, don't keep it to yourself, You may not choose to do anything else, but tell someone about it. At some time in our lives, we all have to put up with people we don't like very much. Some bosses are not very good at managing staf ...
Your Right to a Safe Work Environment
You have the right to work in an environment that is free from harassment. Employers are responsible for providing this to all workers. You have the right to expect your employer to take your concerns seriously. It is against the law for anyone you come in contact with on the job to harass you. ...
What about freedom of speech?
The first Amendment protects some forms of expression, even in the workplace, but the verbal threats often involve d in sexual harassment are not protected as free speech. For example, the First Amendment would not protect, as free speech, a supervisor’s comment to a subordinate that she w ...
I'm so mad at the person who harassed me and at my employer that I just want to sue. Should I even bother to complain under my employer's sexual harassment policy?
Yes. You owe it to your employer and to your co-workers to report through the organization’s channels to give the employer a chance to solve the problem promptly, before others are affected. A prompt complaint is also something that you owe yourself, even if your sole concern is to sue yo ...
Can individuals be legally liable for harassment, or just employers?
Some courts have held that individual employees cannot be liable under Title VII. Some state laws, however, do impose personal liability on individuals for perpetrating harassment. While employers often provide a legal defense for supervisors in a lawsuit, an employer may be entitled, after a co ...
Is sexual harassment of men, either by women or by other men, unlawful?
Yes. Although sexual harassment generally is perpetrated by men against women, any form of unwelcome sexual advance against employees if either gender may be the basis for a case of unlawful sexual harassment.
Can sexual harassment occur without physical touching or a threat to the employee’s job?
Yes. The nature of sexual harassment may be purely verbal or visual (pornographic photos or graffiti on workplace walls, for example), and it does not have to involve any job loss. Any nonsexual but gender-based conduct that creates a work environment that a reasonable person would consider host ...
Isn't sexual harassment limited to situations where supervisors make sexual demands on subordinates?
No. Sexual power plays by supervisors constitute the most widely publicized and easily understood form of sexual harassment. But harassment also occurs when supervisors, so-workers, or even non-employees create a hostile environment through unwelcome sexual advances or demeaning gender-based co ...
Doesn't sexual harassment have to involve sexual advances or other conduct that is sexual in nature?
No. The 1980 EEOC Guidelines on Sexual Harassment do suggest that conduct constituting sexual harassment must be “conduct of a sexual nature,” but it is just as wrong and just as unlawful to harass people with gender-based conduct of a nonsexual nature. Consider, for example, a man a ...
Understanding Sexual Harassment
After having read this fact sheet, you should have a pretty good understanding of what sexual harassment is, how to prevent it, and what to do if you see it. For review and general guidance, here are some of the most commonly asked questions about sexual harassment. For more specific information ...
Development of the Law of Sexual Harassment
The Civil Rights Act of 1964 becomes law. Title VII prohibits employment discrimination on the basis of race, color, religion, national origin, and sex. There is no mention of sexual harassment in the law or its legislative history. 1974… A female employee claims she was retaliated again ...
The DO’s and DON’Ts of Sexual Harassment
Do Admit that a problem exists Tell the offender specifically what you find offensive Tell the offender that his or her behavior is bothering you Say specifically what you want or don’t want to happen, such as “please call me by my name not Honey,” or “please don&rs ...
Expect Adequate Remedial Action
If the employer finds that sexual harassment did occur (or even some inappropriate action falling short of sexual harassment), expect the employer to take some remedial action. A variety of disciplinary measures may be used, including: An oral or written warning; Deferral of a raise or promot ...
Keep the Lines of Communication Open
The object of the employer’s investigation is to find out what happened. The investigator may conclude that sexual harassment occurred, that it did not occur, or that it is impossible to tell what really happened. As the complainant or as the accused, you have the right to know in general ...