Sexual Harassment

"Preventing Sexual Harassment" and "Understanding Sexual Harassment"
Presented in association with the Human Resources Employee Relations and Training Department, these workshops provide specific examples and case studies of sexual harassment, federal regulations and prevention methods. Also, offered throughout the year, with appropriate follow-up programs for Emory employees and students. Additionally, faculty, students and staff may access Emory's customized on-line interactive training program -- "Preventing Sexual Harassment"

Sexual Harassment Policy

Harassment on the basis of sex is a violation of Section 703 of Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:  

• Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment (or a student’s status)
• Submission to or rejection of such conduct by an individual is used as the basis for employment decisions ( or academic decisions) affecting such individual or
• Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance (or a student’s academic performance) or creating an intimidating, hostile, or offensive work (or academic) environment.¹

Under the law, sexual harassment does not refer to occasional compliments or conduct of a socially acceptable nature. Nor does it refer to the use of materials or discussion related to sex and/or gender for scholarly purposes appropriate to the academic context. It does refer to any non-academic remarks or actions of a sexual nature that are not welcome and are likely to be viewed as personally offensive. This can include but is not limited to any of the following activities that are unwelcome by the recipient: physical or verbal advances; sexual flirtations; propositions; verbal abuse of a sexual nature; vulgar talk or jokes; degrading graphic materials or verbal comments of a sexual nature about an individual or his or her appearance; the display of sexually suggestive objects outside a scholarly context and purpose; and physical contact of a sexual or particularly personal nature. Cartoons, pictures, or other graphic materials that create a hostile or offensive working environment may also be considered as harassment. In addition, no one should imply or threaten that an employee’s, applicant’s, or student’s “cooperation” with unwelcome sexual advances or requests for sexual favors (or refusal thereof) will have any effect on the individual’s employment, assignment, compensation, advancement, career development, grades, or any other condition of employment or status as a student.

¹ Words or phrases in italics reflect language appearing in applicable statutes or regulations. See Code of Federal Regulations, 29 C.F.R. Section 1604.11.

Applicability of Policy  

In determining whether the conduct at issue is sufficient to constitute discriminatory harassment in violation of this Policy, the conduct will be analyzed from the objective standpoint of a “reasonable person” under similar circumstances. No violation of the Policy should be found if the challenged conduct would not create a hostile environment (i.e., substantially affect the work environment of a “reasonable person.”) See EEOC Policy Guidance on Current Issues of Sexual Harassment at www.eeoc.gov.

All harassing conduct prohibited by this Policy, whether committed by faculty, staff, administrators, or students, is strictly prohibited and will bring prompt and appropriate disciplinary action, including possible termination of employment or permanent exclusion from the University. This Policy shall apply to any Emory-sponsored event or program, whether on or off campus, or other situations in which the Respondent is acting as a member of the Emory community.

The level of discipline imposed will depend upon the severity and pervasiveness of the conduct, which may be determined by the existence of prior incidents of harassment or discrimination. Depending upon the severity of the offense, however, a single violation of this Policy may be sufficient for termination of employment.

Prohibition Against Retaliation

Retaliation against an individual who, in good faith, complains about or participates in an investigation of an allegation of discrimination or harassment is prohibited by University policy. Any individual who feels he or she has been retaliated against, or has been threatened with retaliation, should report that allegation immediately to the Office of Equal Opportunity Programs (EOP).

False Accusations

 Anyone who knowingly makes a false accusation of discrimination, harassment, or retaliation will be subject to appropriate sanctions. However, failure to prove a claim of discrimination, harassment, or retaliation does not, in and of itself, constitute proof of a knowing false accusation.