{ What is Sexual Harassment? }

The legal framework for academic sexual harassment is provided by three major federal statutes:

Title VII of the Civil Rights Act of 1964

This statute pertains to workplace discrimination. Nevertheless, it has served as the legal foundation for defining and resolving sexual harassment issues in academic settings. Also if a student is sexually harassed in her/his capacity as a part-time or full-time university employee, Title VII is directly relevant. Major provisions include the following: 

• Prohibits employment discrimination as a function of sex, among other factors.

• Created the Equal Employment Opportunity Commission (EEOC) as the enforcement agency for Title VII.

• The Equal Employment Opportunity Commission (1980) issued specific guidelines defining illegal sexual harassment in the workplace that apply to organizations with 15 or more employees. (These guidelines have been extended by the courts to include academic settings.)

"Harassment on the basis of sex is a violation of Sec. 703 of Title VII: [of the 1964 Civil Rights Act]. 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.

        2.  submission to or rejection of such conduct by an individual is used as the basis for
             employment decisions affecting such individual, or

        3.  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."

 

Note: (1) and (2) above involve what is known as "quid pro quo" sexual harassment (this for that). (3) above involves what is known as "hostile environment" sexual harassment.