Submission to such conduct is made either explicitly or implicitly a term or condition of the individual's employment. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creates an intimidating, hostile or offensive work environment. Sexual harassment depends on how the person being harassed is affected, not on the harasser's intent. It can come from any individual in the workplace, including a supervisor, a co-worker, a customer or a supplier.
Sexual harassment can also take many forms.
Sexual harassment is prohibited by federal law as a form of sex discrimination in the workplace under 42 U.S.C. 2000e2-a. The federal Equal Employment Opportunity Commission has also issued authoritative guidelines on sexual harassment under Title VII of the Civil Rights Act of 1964, as amended. Any employee, customer, client or applicant who believes that he or she is a victim of sexual harassment, through unwelcomed sexual advances, requests for sexual favors or any other verbal or physical conduct of a sexual nature by a superior, subordinate or peer, should advise the perpetrator that the action is not welcome and must stop. Notwithstanding these deadlines, a complaint reporting an incident of sexual harassment may be filed with the state at any time. If an employee wishes to pursue the matter informally, the agency EEO officer will provide confidential counseling in order for the aggrieved individual to explain the matter and to determine whether a formal complaint should be filed.