The conduct interferes with a person's work performance or creates an intimidating, hostile, or offensive working environment.

A person feels submission to the conduct is necessary to keep a job.

A person feels that employment decisions are based on how they react to the conduct.

Some Facts About Sexual Harassment:

- Both men and woman can be victims of sexual harassment.
- Either a man or a woman can be the harasser.
- Sexual harassment can occur from a person of the same sex.
- The person complaining about sexual harassment does not have to be the person at whom it was directed.
- There are several different types of sexual harassment.

The two main forms of sexual harassment are, quid pro quo and hostile work environment harassment.

- Quid Pro Quo Harassment. Quid pro quo is latin for "something for something" or "this for that." When an employee is asked either directly or indirectly or submit to a sexual advance in exchange for some benefit at work (such as a promotion or a pay advance), quid pro quo harassment has occurred.

- Hostile work environment harassment. When harassment makes the worplace intolerable because constant sexual or gender-based activity or comment interferes with an employee's ability to do their job hostile work environment sexual harassment has occurred.

Sexual harassment may also have occurred if an employee has been granted a promotion over a coworker in return for sexual favors.
In this situation the coworkers can allege sexual harassment by showing that they were denied an equal opportunity for promotion because of the improper sexual conduct.

Some other common examples of sexual harassment are:

- Pinups in the workplace. Pinups containing sexual material (such as centerfolds) can create a hostile work environment. Don't allow these in the workplace.
- Asking a coworker for a date. This by itself is not sexual harassment, but if the person refuses the offer, continued asking can become sexual harassment.
- Rude treatment of woman. A supervisor who treats employees rudely, or who constantly demeans the ability of woman to perform work, can be guilty of sexual harassment since adverse actions are being taken on account of the employees' gender.
- Verbal abuse and jokes. Comments about a person's appearance or jokes of a sexual nature can constitute harassment if they occur often and are unwelcome.
- Intentional Touching. A single act of intentional and unwelcome touching of a sexual nature will usually be found to be sexual harassment.