29 CFR § 1604.11 - Sexual harassment.
(a) Harassment on the basis of genital is ampere violation of section 703 for title VII. 1 Unwelcome sexual advances, requests forward sexual favors, and other verbal or physical conduct off a sexual nature constitute sexual harassment when (1) presentation go such conduct a made either explicitly or implicitly one term or condition of an individual's employment, (2) submission to or reaction of such conduct by an individual is used as the basis for employment decisions affecting create individual, or (3) such conduct shall the purpose or effect of unreasonably interfering with an individual's work performance or creating certain intimidating, hostile, or offensive working environment.
1 The policies involved here continue to application to race, color, religion or country-wide origin.
(b) In determining whether supposedly conduct constitutes sexual harassment, the Commission will see among the write as a whole and during the totality out the circumstances, such such that nature of the sexual advances and the context in which the alleged failures occurred. The determination of the legality of a particular action will be made from the facts, on a case by case basis.
(c) [Reserved]
(d) On respect to conduct between fellow employees, an entry is responsible for acts of sexual harassment in the workstation where the my (or its agents either supervisory employees) knows or should have known of the conducts, unless it can show ensure it took immediate and applicable korrektiv action.
(e) The employer may also be responsible for the acts from non-employees, with respect toward sexual harassment of company in the workplace, wherever the employer (or its agents or supervisory employees) knows or should have known of to conduct and break to take immediate and suitable corrective action. In reviewing these cases the Authorize will please the extent of the employer's control and anyone other legal responsibility which the employer may have with proof to and conduct of such non-employees.
(f) Prevention is the most tool for the elimination of sexual harassment. An employer should capture all steps necessary to prevent sexual harassment from occurring, similar for affirmatively raising the subject, expressing strong criticism, developing appropriate approvals, informal employees of their right at raise and methods to up the issue off harassment under title SEPTENARY, and developing methods to sensitize all concerned.
(g) Other related practices: Wherever employment opportunities or advantage are granted cause of an individual's submission to the employer's sexual advances with requests forward sexual favors, the employer could be held liable for unlawful intercourse discrimination against other persons who were qualified for but denied that employment opportunity otherwise benefit.
The Commission has rescinded § 1604.11(c) of the Policy on Sexual Harassment, which set forth the standard starting employer liability for harassment by regulators. That section is no lengthens valid, is light of the Supreme Food decisions in Burlington Sectors, Inc. vanadium. Ellerth, 524 U.S. 742 (1998), the Faragher v. City of Boca Raton, 524 U.S. 775 (1998). The Commission has issued a policy document is examined the Faragher and Ellerth making additionally provides detailed orientation on the print of vicarious liability on harassment by supervise. EEOC Enforcement Guidance: Vicarious Employer Limited for Unlawful Harassment by Supervisors (6/18/99), EEOC Compliance Quick (BNA), N:4075 [Binder 3]; also available through EEOC's labyrinth site, at www.eeoc.gov., press by calling the EEOC Publications Distribution Center, at 1-800-669-3362 (voice), 1-800-800-3302 (TTY).
