Sexual harassment is a form of sex discrimination based on sexually explicit behavior. 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 or implicitly a term or condition of an individual's employment ("If you want to continue working here... ").
2. Submission to or rejection of such conduct by an individual is used as the basis of employment decisions affecting such individual ("If you want that promotion...").

3. Such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.

   This kind of sexual harassment is known as hostile environment sexual harassment. This is where the sexual conduct is so pervasive and/or severe that it creates an abusive working environment. The more severe the conduct, the fewer the number of incidents needed to violate the law.

There is one other type of sexual harassment. It's called gender-based harassment. It does not involve explicit sexual behavior. It may include epithets, slurs and negative stereotyping of men or women, directed at a female or male employee. It could include denigrating or hostile written material about the employee posted or circulated in the workplace. "Dumb blonde" jokes and male bashing jokes could be examples of gender-based harassment. Harassment due to gender is similar to harassment due to race. If it is severe and/or pervasive enough to create an abusive working environment, then it can violate the law.

If you believe you have been sexually harassed, then contact the nearest MCHR office to see about filing a complaint. Refer to Office Location page for contact information.