Can one comment, such as a joke, be sexual harassment?
Not often, but yes. Any offer of an exchange of sexual favors for a job benefit is “quid pro quo” sexual harassment. A particularly severe comment can quickly become part of a pattern that creates a hostile environment

Can a woman harass a man?
Yes. There are clear criteria to determine sexual harassment and the gender of the parties involved is not, in itself, a primary determining factor.

Does a worker have to be employed to be protected by US anti-discrimination laws?
The anti-discrimination laws of Title VII of the 1964 Civil Rights Act apply to applicants of jobs as well.

Can a supervisor be harassed by a subordinate?
Yes, if the criteria are present

Can a supervisor be harassed by a subordinate?
Yes, if the criteria are present.

How can a policy amount to race discrimination if it applies to all employees?
Some policies that are neutral in appearance can have a decidedly more negative impact on members of a particular race. When that happens it is called disparate impact and that is a form of illegal discrimination.

Must there be a request for sex for sexual harassment?
No. The harassment has to meet the five criteria and have occurred because of an individual's gender. Often when there is no intimation of sexual favors, there will be a demonstrated hostility toward a particular gender.

Can there be race discrimination when both parties are of the same race?
Yes, the only element necessary for a valid discrimination claim is evidence an employment decision was motivated by the employee's race or stereotypes about individuals in a particular racial category.

What should I do if I feel I am being sexually harassed?
First, do your best to indicate to the harasser that his activities are not welcome. That may mean you say that directly, but silence in some situations can reasonably be inferred to mean no. Second, make a quick note to yourself of the circumstances and context of the act or remark. Third, notify yours, or any other supervisor or refer to the Company communication policy. It is important that you communicate the problem to someone as soon as possible.

What if I am afraid I will be further harassed or punished for raising the issue?
That is a natural concern of anyone. The law includes an anti-retaliation clause to protect you.

Will the Company tell the alleged harasser I am the one who reported his behavior?
Yes, anyone accused of harassment has a right to know. The accused will be informed of the anti retaliation clause and the penalties associated with retaliating.

As a supervisor what should I do if an employee tells me she is being sexually harassed?
Take the allegation seriously and take prompt action. Separate the parties involved. Find out specific facts from the alleged victim: What happened? What was said? Who was present? How long has it been going on? Who has the victim told? Go the alleged accuser and ask similar questions. Notify those responsible for human resource or personnel.

As a supervisor what should I do if an employee tells me she is being sexually harassed?
Take the allegation seriously and take prompt action. Separate the parties involved. Find out specific facts from the alleged victim: What happened? What was said? Who was present? How long has it been going on? Who has the victim told? Go the alleged accuser and ask similar questions. Notify those responsible for human resource or personnel

Is it illegal discrimination to not hire someone who is not fluent in English?
Fluency in English is seldom an essential element of a job. Assuming the person speaks or can otherwise communicate well enough to perform the essential elements of the job, they cannot be required to speak fluent English.

Do US anti-discrimination laws apply to workers outside the US?
Yes, anti discrimination laws apply to employees of US companies unless they conflict with the laws of the host country.