Sexual Harassment

Sexual harassment is unlawful conduct, it is a form of discrimination, and it is prohibited by federal and state law.

  • Sexual harassment includes any unwelcome sexual conduct that either:
    • is made a term or condition of employment;
    • has the purpose or effect of unreasonably interfering with an individual's work performance; or
    • creates an intimidating, hostile, or offensive working environment.
  • The employer is responsible for the acts of the agency's supervisory employees if the employer knew or should have known of the existence of harassment.

Recommendations

  • Agency administrators should thoroughly and promptly investigate every complaint of harassment - and take appropriate action.
  • Agencies should allow complaints of harassment to be made to an agency official other than the employee's supervisor.
  • Employees should report every instance of harassment.
  • Agencies should provide sexual harassment training to all staff.

References

Title VII of the Civil Rights Act of 1964
NDCC 14-02.4