As a topic of interest, it is important that our film community understand legal terms as they are understood by attorneys. This will allow you to make distinctions between “sexual harassment,” which is sanctioned by law, and the particular standards of conduct that different employers require.
By law, it is improper for an employer, or its employees, to coerce other employees into engaging with them in a romantic or sexual manner, including something as benign as a date, to something as serious as a non-consensual sexual act. It is also inappropriate for employers and their employees to expose others to content of a sexual nature that is either known, or should be known, to be offensive to other coworkers, or that a coworker indicates is offensive to them. It is further improper for an employer to fail to take action to protect its employees from such behavior. This is a very simplified, but accurate description of sexual harassment. Sexual harassment is a form of sexual discrimination.
Contrary to popular belief, however, it is not illegal to: engage in discussions or banter about sexuality or sexual relationships; use sexually graphic language; share or trade sexually graphic materials; or, ask or proposition others to engage with you sexually or romantically. However, once a coworker indicates that your behavior is unwelcome, you must cease from engaging in it and cannot in any way retaliate against them for having made their objection or lodged a complaint. This would include even joking about their objection or complaint.
This is important, because many employees do not realize that, except for obvious improper behaviors like sexual assault, they have an obligation to complain about behavior they find offensive so that the person engaging in it can refrain from doing so, and the employer has the opportunity to correct it.
The legal definition of sexual harassment is different from what a particular business or film production company’s standards or requirements are regarding sexually related conduct and relationships in the workplace. Business owners may create their own stricter rules of behavior, as long as they do not run afoul to other laws. Make sure you know this, so you can comply with the rules that are applicable to your particular film project.
Regardless of the legal definition of sexual harassment and the particular requirements of a private employer, to avoid illegalities and maintain employment, the best practice is for employers and employees to steer clear of engaging in any behavior that would be deemed offensive by the most conservative members of your community. When in doubt, ask.
Loren M. Lambert © November 12, 2017
By law, it is improper for an employer, or its employees, to coerce other employees into engaging with them in a romantic or sexual manner, including something as benign as a date, to something as serious as a non-consensual sexual act. It is also inappropriate for employers and their employees to expose others to content of a sexual nature that is either known, or should be known, to be offensive to other coworkers, or that a coworker indicates is offensive to them. It is further improper for an employer to fail to take action to protect its employees from such behavior. This is a very simplified, but accurate description of sexual harassment. Sexual harassment is a form of sexual discrimination.
Contrary to popular belief, however, it is not illegal to: engage in discussions or banter about sexuality or sexual relationships; use sexually graphic language; share or trade sexually graphic materials; or, ask or proposition others to engage with you sexually or romantically. However, once a coworker indicates that your behavior is unwelcome, you must cease from engaging in it and cannot in any way retaliate against them for having made their objection or lodged a complaint. This would include even joking about their objection or complaint.
This is important, because many employees do not realize that, except for obvious improper behaviors like sexual assault, they have an obligation to complain about behavior they find offensive so that the person engaging in it can refrain from doing so, and the employer has the opportunity to correct it.
The legal definition of sexual harassment is different from what a particular business or film production company’s standards or requirements are regarding sexually related conduct and relationships in the workplace. Business owners may create their own stricter rules of behavior, as long as they do not run afoul to other laws. Make sure you know this, so you can comply with the rules that are applicable to your particular film project.
Regardless of the legal definition of sexual harassment and the particular requirements of a private employer, to avoid illegalities and maintain employment, the best practice is for employers and employees to steer clear of engaging in any behavior that would be deemed offensive by the most conservative members of your community. When in doubt, ask.
Loren M. Lambert © November 12, 2017
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