TYPES OF SEXUAL HARASSMENT:

1. Quid Pro Quo

Quid Pro Quo harassment occurs when a supervisor makes demands of a sexual nature to a subordinate. ("Quid Pro Quo" means "this for that.") Quid Pro Quo is when a supervisor makes submission to sexual conduct a term or condition of employment and uses it as a basis for employment decisions that affects subordinates.

Under these definitions, direct or implied requests by a supervisor for sexual favors in exchange for actual or promised job benefits such as favorable reviews, salary increases, promotions, increased benefits, or continued employment constitutes sexual harassment.

2. Hostile Environment

A hostile environment is created when:

a. There is conduct occurring that a "reasonable" person standing in the shoes of the victim (whether female or male) would find offensive;

b. The conduct interferes with the victim's peace of mind, ability to do her (or his) job, or alters the nature of the working environment or employment relationship (even if the employee's salary, benefits, promotional and advancement opportunities and the like, are not affected). Generally, for sexual harassment to exist, more than an isolated incident must occur.

The legal definition of sexual harassment is broad and encompasses other sexually oriented conduct, whether it is intended or not, that is both unwelcomed and has the effect of creating a workplace environment that is hostile, offensive, intimidating, or humiliating to male or female workers.

While it is not possible to list all those additional circumstances that may constitute sexual harassment, the following are some examples of conduct which, if unwelcomed, may constitute sexual harassment depending upon the totality of the circumstances including the severity of the conduct and its pervasiveness:

• Unwelcome sexual advances - whether they involve physical touching or not;

• Sexual epithets, jokes, written or oral references to sexual conduct, gossip regarding one's sex life; comment on an individual's body, comment about an individual's sexual activity, deficiencies, or prowess;

• Displaying sexually suggestive objects, pictures, cartoons;

• Unwelcome leering, whistling, brushing against the body, sexual gestures, suggestive or insulting comments;

• Inquiries into one's sexual experiences;

• Discussion of one's sexual activities; and

• Use of electronic media to violate this policy.

Retaliation:

All employees should take special note that, as stated above, retaliation against an individual who has complained about sexual harassment, and retaliation against individuals for cooperating with an investigation of a sexual harassment complaint is unlawful and will not be tolerated by this organization.

The retaliation clause is a part of Title VII of the Civil Rights Act of 1964, as amended. Title VII prohibits an employer from discriminating against an employee or applicant because he or she "opposed an unlawful employment practice, " or "made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing."

Title VII and California FEP (Department of Fair Employment & Housing) statutes prohibit retaliation against any person who opposes or complains about sexual harassment or sex discrimination in the workplace, or who participates in any investigation into such unlawful conduct.

An employer can be held liable for retaliation, separate and apart from any liability for the underlying harassment or discrimination. The same remedies are available for a retaliation claim as for any other violation of Title VII. The purpose of the retaliation clause is to protect an employee who utilizes the tools provided by Congress to protect his or her rights.