This is particularly true when the harassment is physical. The EEOC will evaluate the totality of the circumstances to ascertain the nature, frequency, context, and intended target of the remarks. The victim should directly inform the harasser that the conduct is unwelcome and must stop. It is important for the victim to communicate that the conduct is unwelcome, particularly when the alleged harasser may have some reason to believe that the advance may be welcomed. The victim should also use any employer complaint mechanism or grievance system available.
Prevention is the best tool to eliminate sexual harassment in the workplace.
Employers are encouraged to take all steps necessary to prevent sexual harassment from occurring. An effective preventive program should include an explicit policy against sexual harassment that is clearly and regularly communicated to employees and effectively implemented. The employer affirmatively raise the subject with all supervisory and nonsupervisory employees, express strong disapproval, and explain the sanctions for harassment. The employer should have a procedure for resolving sexual harassment complaints. The procedure should be designed to encourage victims of harassment to come forward and should not require a victim to complain first to the offending supervisor.