Particularly when the alleged harasser may have some reason (e.g., prior consensual relationship) to believe that the advances will be welcomed, it is important for the victim to communicate that the conduct is unwelcome.
§ 1604.11(b), evaluating each situation on a case-by-case basis.
As with any other charge of discrimination, a victim's account must be sufficiently detailed and internally consistent so as to be plausible, and lack of corroborative evidence where such evidence logically should exist would undermine the allegation.
The relevance of whether the victim has complained varies depending upon "the nature of the sexual advances and the context in which the alleged incidents occurred." 29 C. The investigation into her charge discloses that her supervisor began making intermittent sexual advances to her in June, 1987, but she did not complain to management about the harassment. 1982), the plaintiff regularly used vulgar language, initiated sexually-oriented conversations with her co-workers, asked male employees about their marital sex lives and whether they engaged in extramarital affairs, and discussed her own sexual encounters. Although a charging party's use of sexual terms or off-color jokes may suggest that sexual comments by others in that situation were not unwelcome, more extreme and abusive or persistent comments or a physical assault will not be excused, nor would "quid pro quo" harassment be allowed.
If the victim failed to complain or delayed in complaining, the investigation must ascertain why. § 1604.11(b).) alleges that her supervisor subjected her to unwelcome sexual advances that created a hostile work environment. Conversely, occasional use of sexually explicit language does not necessarily negate a claim that sexual conduct was unwelcome.
Managers need to create a harassment free workplace for employees by providing clear guidelines, adequate training, and unflinching enforcement.