Is workplace sexual harassment towards a woman based on the man’s actions or whether she likes him or not.?
In my years in the workforce, I’ve witnessed these things. I’ve seen guys suggestively touch and speak to women at work. The women welcomes it because she likes the guy. Eventually down the road they become intimate buddies. I’ve witnessed these same women spoken to suggestively or touched by other guys and they become the subjects of sexual harassment.
Answer: All that touchy-feely stuff becomes sexual harassment when one party (it does NOT matter if it’s the man or woman) tells the other party to stop and they don’t.
EEOC’s Definition of Sexual Harassment
It is unlawful to harass a person (an applicant or employee) because of that person’s sex. Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.
Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general.
Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex.
Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).
The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer. http://www.eeoc.gov/laws/types/sexual_harassment.cfm
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I think the difference is in whether the woman has made it clear that the sexual attention is unwanted. Obviously, if she never tells him they are unwanted, he will continue, making it harassment. This problem arises when the woman assumes the man already knows his advances are unwanted. Some men will not be able to tell without being told. We are just that dumb.
I definitely agree! Sexual harrassment is unwanted sexual attention.