Acts of sexual harassment are discriminatory and are declared unlawful by the City of Sioux Falls Civil Rights Ordinance.
Sexual harassment is any unwelcome sexual conduct that has the purpose or effect of unreasonably interfering with an individual's work performance or
- which creates an intimidating, hostile, or offensive work environment
- unwelcome sexual advances
- requests for sexual favors
- sexual intimidation
- verbal or physical conduct of a sexual nature
Prevention
Prevention is the best tool for the elimination of sexual harassment. The Human Relations Commission strongly recommends that ALL employers adopt a policy to:
- define and prohibit sexual harassment.
- invite employees to come forward and express concerns to management.
- conduct internal investigations and take appropriate action where necessary.
Court Decisions
An employer has the affirmative duty to maintain a work environment free from sexual harassment by coworkers and customers.
Employees who consent to sexual advances by an employer or supervisor under a fear of loss of job or other related benefit are also victims of harassment.
Employers may be liable for acts of sexual harassment by supervisors regardless of whether the employer knew of the conduct.
Failure to investigate and take appropriate action on complaints of sexual harassment subjects employers to liability.
