U.S. Supreme Court acknowledged that movement saying that sexual harassment on the job was a form of sex discrimination, which is illegal. Legal definitions of sexual harassment vary from state to state, but almost every state extends the minimum protection found in the regulations of the U.S. Equal Employment Opportunities Commission. EEOC standards are the most significant nationwide in defining the parameters of sexual harassment. The EEOC definition of sexual harassment is found in 29 Code of Federal Regulations (CFR) 1604.11 (a):Harassment on the basis of sex is a violation of the law. Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when: 1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individuals employment2. Submission to or refection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or3. Such conduct has the purpose or effect of unreasonably interfering with an individuals work performance or creating an intimidating, hostile or offensive working environment. The EEOC regulations also make clear that most sexual harassment cases can only be resolved by looking at all the facts in context (29 CFR 1604.11 (b)):In determining whether alleged conduct constitutes sexual harassment, the EEOC will look at the record as a whole and at the totality of the circumstances, such as the nature of the sexual advances and the context in which the alleged incidents occurred.In 1988, the EEOC amended its guidelines to extend legal responsibility for the behavior of nonemployees (29 CFR 1604.11 (e):An employer may also be responsible for the acts of nonemployees, with respect to sexual harassment of employees in the workplace, where the employer or ...
