Gender based conduct is unwelcome if the recipient did not initiate it and regards it as offensive. In a more typical case, however, the welcomed conduct will depend on the recipients reaction to it. The clearest case is when a person tells a potential harasser that his or her conduct is unwelcome and makes the harasser uncomfortable. A second best approach is for the offended person to consistently refuse to participate in the unwelcome conduct. A woman who says No, and shakes her head No, and who walks away when asked for a date, has made her response clear.
Matters get much more complicated when an offended person fails to communicate clearly.
All of us for reasons of politeness, fear of indecision, sometimes fail to make our true feeling known. The invitation is not inherently offensive, and the response leaves open to question whether the conduct was truly unwelcome. Sexual relationships among employees often raise difficult issues as to whether continuing sexual advances are still welcome. Employees have the right to end such relationships at any time without fear of relationships at any time without fear of retaliation on the job. However, because of the previous relationship, it is important that the unwelcomeness of further sexual advances be made very, very clear.