Summary
In the wake of alleged sexual harassment by Harvey Weinstein, with accusations dating back decades, the #metoo campaign has taken off and thousands of mostly women have come forward to share their personal experiences on social media. In the interview that follows, gender discrimination expert Professor Deborah Rhode discusses the law and sexual harassment.
What is the legal definition of sexual harassment and how does the law distinguish between workplace flirting/romance and harassment?
Federal and most state civil rights laws prohibit two forms of sexual harassment. The first is quid pro quo, which includes unwelcome sexual advances and requests for sexual favors. The second form is hostile environment harassment, which has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.
When does it become criminal?
Conduct becomes criminal when it involves a physical sexual assault or stalking behavior.
What rights do we have in the workplace?
Individuals who experience sexual harassment can complain internally or complain to the U.S. Equal Employment Opportunity Commission (EEOC) or state agency. If administrative remedies fail, they can file a lawsuit. Individuals can also use social media, as an engineer at Uber recently did. Her account went viral and forced a major investigation and resignations. See my discussion in a recent article with Joanna Grossman on what individuals can do in the Harvard Business Review.
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