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Sexual harassment in the workplace is prohibited at all levels of the federal government. If you have been the subject of unwelcome advances or inappropriate verbal or physical conduct at work, you may be entitled to financial compensation and other remedies.
Under Title VII of the Civil Rights Act of 1964, sexual harassment is considered a form of unlawful sexual discrimination. While there are specific and narrowly-prescribed requirements for asserting your rights under the Title VII, the law’s protections are broad. Prohibited forms of sexual harassment in federal workplaces include:
While “simple teasing, offhand comments, [and] isolated incidents that are not very serious,” may not constitute unlawful sexual harassment, it is important that you speak with an attorney before deciding whether to file a claim with the Equal Employment Opportunity Commission (EEOC). Nearly all forms of verbal and physical sexual contact have the potential to be serious, and no one should be forced to deal with these forms of unwanted, uncomfortable, and potentially harmful interaction on the job.
Quid pro quo harassment occurs when a supervisor, manager, or other senior employee offers an employment-related opportunity in exchange the employee’s consent to some form of sexual activity. This could involve an outright request, but more often involves the hint or suggestion of an opportunity (such as a raise or promotion) conditioned upon sexual engagement. Offering or awarding any employment-related opportunity as “quid pro quo” for submission to verbal or physical sexual conduct is strictly prohibited under Title VII.
A hostile work environment exists when verbal or physical sexual conduct either (i) unreasonably interferes with an employee’s job performance, or (ii) results in feelings of intimidation or discomfort in the workplace. The factors that the EEOC and federal courts consider when evaluating whether a government employee has been subjected to a hostile work environment include:
If you are a federal employee and you believe that you have been sexually harassed at work, you should report the incident to your supervisor; or, if you are not comfortable going to your supervisor (i.e. because he or she was involved in the harassment), to your human resources representative or other appropriate senior employee. You should also speak with an attorney promptly, as there are strict time limits for filing Title VII claims with the EEOC.
No. Retaliation against federal employees who report sexual harassment is strictly prohibited. If you face adverse employment action after filing a sexual harassment claim, or if you are threatened with adverse action if you choose to file, this is another violation of your rights under Title VII.