What constitutes sexual harassment?

Sexual harassment in the workplace is defined as unwelcome conduct of a sexual nature that is experienced by an employee in their job. In Maryland, sexual harassment is prohibited by the Merit System Law and the Maryland Fair Employment Practices Law, which applies to private employers. Sexual harassment can take many forms. Generally, it is defined as conduct that is offensive, intimidating, or hostile and creates a hostile working environment. It includes, but is not limited to, unwelcome sexual advances, requests for sexual favors, verbal comments, physical gestures, or visual images of a sexual nature. Additionally, it can also be related to gender, such as making offensive comments about a person’s sex or gender identity. It is important to note that the conduct must be unwelcome in order to constitute sexual harassment. This means that the employee must have indicated that the comments or actions were not wanted or appreciated. An employer may be held liable for sexual harassment if it knew or should have known about the harassment but failed to take prompt and appropriate action. Under Maryland law, employers are also responsible for developing workplace policies and training programs that help prevent and address sexual harassment. It is important for employers to create a safe and respectful workplace free from sexual harassment.

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