Model Harassment Policy - Fall, 1994

(This Model Harassment Policy was developed in Fall, 1994, by John J. Xenakis and Cheryl Kondratow. Click here to return to Sexual Harassment)

Although we all value our freedom to do as we please, we live in an increasingly crowded world where what we do is increasingly likely to be offensive or harmful to others. If someone's behavior is offensive or harmful to you, then that person may be harassing you. This policy defines specific rules for what harassment is, and how to handle it.

This policy covers, but is not limited to, potentially offensive behaviors in the following areas: (1) age, (2) race, (3) color, (4) national origin, (5) religion, (6) sex, (7) sexual orientation, (8) disability status and (9) veterans status.

Behavior Categories

Potentially offensive behaviors are divided into three categories:

Category I: Behaviors that are almost always considered harassing, unless prior permission has been granted:

• Hitting, grabbing, pulling, pushing.
• Physical threats ("have sex with me or you'll die")
• Touching or kissing sensitive parts of the body, including face, genitals, breasts, bum.
• Job-related threats ("Contribute to this political party, or you'll lose your job.")

Category II: Behaviors which may or may not be considered offensive, depending on personal and regional preferences.

• Use of swear words or use of epithets for any of the nine areas listed above.
• Telling jokes with content in any of the nine areas listed above.
• Inappropriate use of words of affection, such as: honey, sonny, boy, sweetie, girl, or babe.
• Touching a hand or arm, or putting one's arm around another's shoulders.

Category III: Third party behaviors which may offend someone in the same location. The offended person may request some modification in working conditions to resolve the problem.

• Posting or openly reading material in any of the nine areas listed above.
• Other people gossiping and talking to each other about you in a malicious and personal way.
• Verbally abusive behavior between two other people.
• Open and inappropriate displays of physical affection.
• Any category II behavior which might be overheard by an uninvolved third party. (Example: Two people discussing sexual, religious, political or racial matters, overheard by a third party.)

Procedures for Handling Offensive Behavior

If someone's behavior is offensive to you, then you have a right, in many circumstances, to have the behavior stopped or modified so that it is not offensive to you.

Experience has shown that many people engaging in offensive behaviors, especially those in Categories II and III, are often not even aware that others consider their behavior offensive. If you are offended by someone's behavior, you are encouraged to "draw the line" with the person by telling him or her how you feel; very often that's all that will be needed to stop the offensive conduct. In the case of Category III, the solution might be as simple as separating you from the person(s) whose behavior is offending you.

However, there are some situations where you are justified in bringing an actual charge of harassment against the offender. This is the case, for example, for the extremely offensive behaviors in Category I. But this is also true for the less offensive behaviors in Categories II and III if you have "drawn the line" with a person who continues to "cross the line" by continuing the offensive behaviors.

Example: (1) Your boss tells you that won't get a promotion unless you attend a political event with him or her. This behavior is harassment even without a "draw the line" warning. (2) A co-worker calls you "honey," and continues to do so even after you "draw the line" by telling the co-worker that you find that term offensive. The behavior was not harassment before you "drew the line," but became harassment afterwards.

Authors

Cheryl Kondratow, Women Against Sexual Harassment (WASH), Absecon, N.J.

John J. Xenakis, Framingham, Mass., 508-875-4266, e-mail: john@jxenakis.com

Copyright © 1994-95 by Cheryl Kondratow and John J. Xenakis. This model harassment law may be reproduced in its entirety, without permission, provided that this copyright notice is included.