Q: What if it only happened one time?

A: Unless the conduct is quite severe, a single incident or several isolated incidents of offensive sexual conduct or remarks generally do not create an abusive environment. In contrast, a single sexual advance may constitute harassment if it is linked to the granting or denial of employment benefits (quid pro quo). Conduct is not based in the intent of the harasser, but rather the perception of the victim.

Q: What if the harassment takes place outside of the office?

A: Harassment can occur outside the workplace, such as at conferences, training days, and even socializing after work. Factors such as whether the harasser was in a position of trust, whether he or she was still on duty, where the incident happened, and the degree to which the event was connected with work are all relevant in determining liability.

Q: My friends and I like to joke around, why should we have to change our behavior just because one person doesn’t like it? Shouldn’t the majority rule?

A: Harassment and discrimination laws protect everyone in the workplace. If your behavior is inappropriate and offends even one person, you must stop. Unlike the “free speech” rights that you enjoy, it is not your “right” to make discriminatory or harassing comments in the workplace.

Q: What about “super-sensitive” people, or people who just try to get others in trouble by complaining all the time? It doesn’t seem fair that they control the workplace. What about MY rights?

A: The law recognizes that some very mild behavior or conduct actually doesn’t violate the law. The US Supreme Court in one case even noted that the sexual harassment law isn’t meant to set a “civility code” for the nation. The test is: “could this conduct offend a reasonable person in this person’s situation, taking into account the setting and context of the behavior?” If a reasonable person COULD find the conduct offensive, and the complainant DID find it offensive, then it has crossed the line and should stop.

Q: What if I want to handle it myself?

A: Absolutely! Sometimes people just don’t realize that they are being insensitive, or that their behavior is unwelcome. Your response should depend on the seriousness of the incident. As often happens in minor isolated incidents, the harasser may not realize they crossed the line. Studies show that people usually stop if they are asked. A friendly reminder of the organization’s policy and acceptable workplace decorum may suffice. But if that doesn’t work, or if you are just not comfortable confronting the harasser, you should immediately report the incident to the appropriate person(s) in your organization.

Q: What should I do if someone accuses me of acting inappropriately?

A: Stop immediately! Apologize if you realize your behavior was inappropriate. If you feel you did not act inappropriately, you may wish to discuss the incident with your manager to review the agency’s policy and establish a clear understanding of acceptable behavior.