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Policy: Sexual harassment is unacceptable behavior which will not be tolerated. Military and civilian managers and supervisors are responsible to ensure a workplace free of sexual harassment.
Sexual Harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment.
Sexual harassment can occur in a variety of circumstances, including but not limited to the following:
- The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.
- The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.
- The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
- Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
- The harasser's conduct must be unwelcome.
There are two primary types of sexual harassment as defined by the Supreme Court:
- Quid Pro Quo literally means "this for that". It is a type of sexual harassment that occurs when submitting to or rejecting such behavior is used as a basis for employment decisions affecting any person?s employment, job pay, or career. This could be a promise of employment, a promotion, a threat of or actual demotion, a duty assignment, or a positive or negative performance evaluation.
- Hostile Work Environment is sometimes more difficult to identify because the deciding factor is not the INTENT of the harasser, but the IMPACT of the harasser?s action upon the victim. The behavior must be so severe that a single occurrence can create an offensive, hostile, or intimidating work environment OR it must be so pervasive that it creates an offensive, hostile, or intimidating work environment. To determine if the conduct is pervasive and a hostile work environment could exist, the answers to the following questions must be yes:
- Is the conduct unwelcome?
- Is the conduct repeated?
- Is the conduct unsolicited?
- Is the conduct of a sexual nature?
What should you do if you believe you are a victim of sexual harassment? Report the incident to the appropriate supervisory level. The appropriate Official will examine the matter and take actions necessary to ensure a workplace free of sexual harassment. You can utilize 29 CFR Part 1614 Complaint Process to report sexual harassment via the EEO office. Finally, if you are a covered employee, can utilize the 1651 process by reporting sexual harassment to the Base Inspector's office.
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