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Sexual Harassment

Sexual harassment is a form of sex discrimination. The U.S. Supreme Court has emphasized that the prohibition of harassment on the basis of sex forbids only behavior that is objectivelySexual Harassmentoffensive so as to alter the conditions of a victim's employment. The definition of  sexual harassment is: unwelcome sexual advances, requests for sexual favors and / or other verbal or physical conduct of a sexual nature that affects an individual's employment, interferes with an employee's work performance or creates an intimidating, hostile or offensive work environment. Reporting this type of harassment is never easy. Some people feel strongly about this and it can divide the workplace. Half of the employees will say the individual is too sensitive and the other half may feel that it's about time someone stood up and said something. Sometimes it is the employee's supervisor who is the problem, making it even more difficult to report. Whether the case involves a new employee or the Vice President, your company's liability is at stake. Courts continue to hold employer's liable for their employee's conduct.

 There are two (2) types of sexual harassment. Both are illegal. The following constitutes sexual harassment:

1. Quid pro quo sexual harassment:

This occurs when employment decisions or terms or conditions of employment are based on that employee's acceptance or rejection of unwelcome sexual behavior. As a result, this type of harassment can only be engaged in by supervisors or others who have the ability to change a person's wages or working conditions.

2. Hostile work environment:

Sexual HarassmentThis occurs when there is a hostile work environment created by unwelcome sex based verbal or physical conduct that is directed at an employee because of that employee's sex and is offensive, hostile or intimidating. To be actionable, it must be so severe or persuasive that it alters the conditions of the employee's employment and creates a hostile or offensive work environment. This type of sexual harassment can be engaged in by any employee including co-workers, supervisors, or managers.

The Louisiana Commission on Human Rights is to enforce specific laws pertaining to discriminatory practices in the state of Louisiana. To accomplish this purpose, the Commission uses distinct procedures for intake, investigation, mediation, and determination to process official complaints of discrimination.


All persons in Louisiana are protected against acts of unlawful discrimination by national and state laws. Anyone may file an official complaint with the Louisiana Commission on Human Rights.   There is no fee for this service and a claim may be filed by telephone, mail or in person at the LCHR offices located at 1001 N. 23rd Street in Baton Rouge, Louisiana.