Sexual harassment is a form of sex discrimination that violates Title VII. Sexual harassment is unwelcome behavior of a sexual nature that affects an individual's employment, unreasonably interferes with work performance, or creates an intimidating, hostile, or offensive work environment.
Sexual harassment can be:
• Physical, including unwelcome touching or gesturing
• Verbal, including unwelcome requests for a date or sexual favors, lewd remarks, or sounds
• Visual, including unwelcome exposure to sexual photos, cartoons, or drawings
The 8th Circuit Court of Appeals ruled that an employee who did not use her employer's complaint procedure to report alleged harassment in the workplace could not establish whether her employer knew or should have known about the harassment (Anda v. Wickes Furniture Co., 517 F.3d 526 (8th Cir. 2008)). In this case, when the employee was hired, the employer gave her a copy of its policy against harassment, which included its procedure for reporting harassment. In her lawsuit, the employee claimed a coworker harassed her and her employer failed to take prompt, remedial action to end the harassment. However, in reviewing the ...