While surfing around today for some new wallpaper for my computer desktop at work it occurred to me to wonder when a piece of artwork might be considered sexual harrassment.
Given that the only other person that works in my office with me on a daily basis (Hi, Ashley!) is a open-minded art major and tends to appreciate a wide variety of artwork I am not worried about whether she will be offended by my choices in artwork, however the same cannot be said for every individual that comes into my office.
Federal law defines sexual harassment as:
- Unwelcome sexual advances
- Requests for sexual favors
- Other verbal or physical conduct of a sexual nature when: submission to such conduct is made explicitly or implicitly a term or condition of an individual’s employment or academic success or; submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such individuals or; the conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile, or sexually offensive working environment.
Since Title IX of the Education Amendments of 1972 protects students from unlawful sexual harassment in all school programs and activities, and I work in an educational institution that receives federal funds, then this means that I need to cognizant of the environment I create in my office.
Of course, even if I am within the law, I also should have an environment that is friendly (for the most part), if for no other reason than it is the right thing to do.
What sort of criteria should one apply to determining whether or not a piece of desktop art (or just art hanging on the wall) constitutes sexual harassment? How do you determine this in your own workplace?