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Off-Duty Sexual Harassment


rss.shrm.org | Patricia Graves

​Whether sexual harassment occurs during activities ­related to the workplace is key to determining an employer’s responsibility. Situations in which “workplace relatedness” applies ­include when employees travel for business, or when a group of ­employees—especially managers and their direct reports—attend a work function or event after work hours. 

If a job connection exists, HR should investigate allegations of off-duty sexual harassment. Some courts have held that employers may face potential liability if they are aware of an employee’s alleged harassment and fail to take appropriate action to stop it, even if the alleged harassment occurred outside of the workplace. Off-duty sexual harassment can certainly spill into the workplace, and an employer has an obligation to address it to ensure the safety of employees.

Sexual harassment can take many forms, both inside and outside of the workplace and work hours, ­including: 

  • Sending romantic or sexual ­messages via email or social media. 
  • Sending pornography without ­consent, or requesting sexually explicit pictures.
  • Using power or position in ­exchange for sexual favors.
  • Unwelcome touching.
  • Stalking, following or badgering.
  • Making sexually explicit ­comments or jokes, or telling sexually explicit stories. 
  • Asking about a co-worker’s ­personal life, sexual history or fantasies. 

Employers that receive a report of sexual harassment must conduct an unbiased, thorough investigation to determine its validity. And…


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