Sexual Harassment The two legal \"tests\" that constitute sexual harassment are:

Question

Sexual Harassment

The two legal "tests" that constitute sexual harassment are:

Quid pro quo, meaning failure to give in to unwanted sexual advances will threaten a person’s academic or employment career.

Behavior, which a “reasonable person” would deem a “hostile or offensive working environment.”

Some men complain that because the second point is too vague and potentially too broad, they fear being falsely accused of sexual harassment. They also say they worry that simply smiling and indulging in a little friendly flirting with a female co-worker can be misconstrued. Some women also acknowledge that they miss some of the playful camaraderie.

Why is it important to have sexual harassment laws? If you do not believe these laws or necessary, explain your position.

Do you think sexual harassment regulations have gone too far? Take a position—yes or no—and discuss it.

How would you distinguish playful flirting from sexual harassment? Provide at least two scenarios that illustrate the difference.

Write your initial response to each part in 3–4 paragraphs. Support your arguments with research, applying APA standards to citation of sources.

Explanation / Answer

The line between flirting and sexual harassment or assault is often blurred, which means inappropriate or violent conduct is often minimized or dismissed. Here, sexologist Geneviève Labelle explains the differences between these behaviors.

Smiling at someone

Smiling at someone you find attractive is a way of flirting. But if you repeat the gesture when the other person seems resistant or uncomfortable, you’re crossing into harassment territory. “It’s okay to smile at someone in the street—once. If the person is not receptive, leave it at that,” advises Geneviève Labelle.

Complimenting someone

You can flirt by giving someone a compliment—but first, consider how it might be received. “Before giving someone a compliment, you need to be 100 per cent sure the person will take it as such,” explains Labelle.

Complimenting someone repeatedly

Things get problematic when you continue to compliment someone without getting a positive response from them. “Victims of sexual misconduct often talk about repeated behavior. One unwelcome compliment might not go over well, but it’s the recurrence of these unwanted compliments that’s the real issue,” Labelle says.

Commenting on someone’s body

“If you don’t know someone well, you shouldn’t be making comments about their body. Instead, try saying something like, ‘I really enjoy talking with you.’ Once you’ve established a romantic relationship with the person, then you can compliment them on their appearance,” says Labelle.

Making lewd jokes

When you’re getting to know someone, avoid making any lewd comments. After a few dates, if you see that the other person might be open to it, you can test the waters with a bit of suggestive humour. “Make sure it’s in the right context, and choose your words carefully,” cautions Labelle. If in doubt about the other person’s receptiveness, don’t risk it.

Making sexually threatening comments

Anytime a comment is violent or threatening, that constitutes harassment. “For example, a comment like ‘If you didn’t have a boyfriend, you would have trouble walking tomorrow morning,’ implies that the only thing stopping the woman from giving her consent is the fact that she has a boyfriend—and that the speaker wants to do her harm.” There’s no grey area here: this is harassment.

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