What is “unwelcome” sexual harassment?

When considering sexual harassment claims, you should be sure that there was in fact some form of harassment that is truly unlawful.  At times, while a supervisor or co-worker’s acts and words may feel offensive, you still have to make sure that the meaning of offensive is something that falls within the law established under Title VII.

One of the first things to consider is whether the sexual conduct was “unwelcome”.  One might think that if the sex-related conduct was voluntary, that the employee did not participate against her will. This is really NOT a defense under Title VII sexual harassment claims.  The right way to consider if the sexual harassment was unwelcome is to ask whether the victim by her conduct indicated that the sexual advances were unwelcome, not whether her participation in the sexual act was voluntary.

Want more information about Sexual Harassment, see our web page regarding your rights here.

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