What Constitutes Sexual Harassment

  • Published
  • By Staff Sgt. Hastings
  • 5th Bomb Wing Equal Opportunity Office
MINOT AIR FORCE BASE, N.D. --  Sexual harassment and sexual assault are constantly heard about in the media, especially in recent years. Sexual harassment falls under the Air Force Equal Opportunity program. Do you know what it is in Air Force terms?

Sexual harassment is defined as harassment on the basis of sex is a violation of Title VII of the Civil Rights Act of 1964. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

(1) Submission to such conduct is made either explicitly or implicitly. A term or condition of an individual's employment.

(2) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual.

(3) Or, such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.

The key point to remember is that its behavior that is unwelcome and sexual in nature. Often, people may wonder what type of behavior is constituted as sexual. 

These behaviors may be verbal, non-verbal or physical. In addition, one's intention, whether in verbal, non-verbal or physical form, is irrelevant, because the definition focuses on the behavior's impact to the victim.   

To fully meet the definition of sexual harassment, not only must it be unwelcome and sexual in nature, but it must meet one of the principal forms of sexual harassment:  Quid Pro Quo harassment (this for that), or hostile working environment harassment.  

In Quid Pro Quo harassment, a member is expected to submit to some sort of sexual demand(s) in exchange for continuing employment or an employment-related benefit such as a promotion, good performance rating or award nomination. This type of harassment, which typically involves a harasser who has authority over the victim, is clearly an abuse of power. 

Hostile environment harassment often is less obvious than Quid Pro Quo harassment, but it can be equally serious with equally adverse consequences. This kind of harassment involves unwanted behavior of a sexual nature that creates a hostile or offensive work atmosphere that may interfere with a member's job performance. It does not require the member to experience actual economic loss, and it is not necessarily a supervisor or person in authority who creates the hostile environment. Co-workers are just as likely as superiors to be the source of hostile environment harassment.

In addition, a person in a supervisory or command position that condones any form of sexual behavior may be held responsible. 

When it comes to sexual harassment, what can be done to stop it? Confront the situation, or ask someone else to confront it for you. If you're not comfortable doing this, you can take it to your chain of command.  If you still feel uncomfortable bringing it to their attention, you can bring this issue to the Equal Opportunity office.  If you choose to bring this to the EO office, keep in mind we do not have confidentiality, and we are required to inform your commander of the issue. 

Additionally, Congress has mandated that any allegations of sexual harassment must be investigated.  Commanders shall carry out a Commander Directed Investigation within 72 hours of being notified of the allegations and notify the General Court Martial Convening Authority. The GCMCA for Minot Air Force Base is either the 8th Air Force commander or the 20th AF commander.  Once GCMCA is notified of the allegations, the commander will initiate a CDI.  

Since Sept. 1, 2014, Minot AFB has had 10 separate sexual harassment allegations. Not all cases have been substantiated, but this shows Team Minot's awareness of sexual harassment has improved drastically.

When it comes to sexual harassment or unlawful discrimination, if you are unsure of whether it fits the definition or not, give the EO office a call at (701)723-2711 or send an email to 5bw.eo@us.af.mil. Remember, sexual harassment is the pre-cursor to sexual assault. The best way for us to put an end to sexual harassment is to become educated on it.