2K03 Sexual Harassment

Sexual harassment, as well as harassment based on race, color, religion, sexual orientation, gender identity or national origin, is a violation of the nondiscrimination provisions of Executive Order 11246. During the on-site review, COs must be alert for any indications of sexual harassment.147 OFCCP follows Title VII principles when determining whether sexual harassment has occurred. Unwelcome sexual advances, requests for sexual favors, offensive remarks about a person’s sex, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

• Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;
• Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting the individual; or
• Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.148