Sexual Harassment

Overview

Every year, close to 300,000 J-1 Visa Exchange Visitors enter the USA. Exchange Visitors come from many countries, each with its own laws, regulations and cultural perceptions regarding sexual harassment. Sexual Harassment is a serious offense in the United States, especially in the workplace. Every season, there are Exchange Visitors who commit acts that are considered sexual harassment by their colleagues and/or host employers (resorts). In addition, some Exchange Visitors are victims of sexual harassment by their colleagues.

Cultures often view sexual harassment differently and have different employment laws regarding sexual harassment in the workplace. The definition, examples of sexual harassment, possible consequences if you are accused of sexual harassment and things you can do if you feel you are being harassed are being provided because we want you to have a safe and successful program. If you ever have questions or concerns about sexual harassment, please call your visa sponsor.

Definition in the US

Sexual harassment is unwelcome verbal or physical activity of a sexual nature that makes a person feel offended, humiliated, threatened, and/or intimidated. 

Examples of actions or behavior which are considered sexual harassment include, but are not limited to: • The term “harassment” includes, but is not limited to, jokes, slurs, or other verbal, graphic, or physical conduct relating to a person’s race, color, sex, religion, national origin, citizenship, age, gender identity, sexual orientation or disability.

•  Where a person, regardless of gender, is asked to engage in sexual activity as a condition of that person’s employment.
•  Situations which create an environment which is hostile, intimidating or humiliating for the person being harassed.

Examples

Examples of actions or behavior which are considered sexual harassment include, but are not limited to;

Physical Conduct

Unwanted physical touching, including patting, pinching, stroking, kissing, hugging, or inappropriate touching (even if it is with someone you have had a relationship with) • Brushing against someone or repeatedly standing/sitting too close when it is unwanted often combined with comments or body language that is sexual in nature • Physical violence, including sexual assault.

Verbal Conduct

•  Making sexual comments about a worker’s appearance, age, private life, etc. • Telling sexual stories or jokes • Making unwanted sexual or romantic gestures • Asking colleagues for dates or sexual acts repeatedly after they say, “No.”
•  Insulting colleagues based on the person’s gender or sexuality • Making job-related threats or promising rewards to ask for sexual favors • Mentioning or threatening rape

Non-Verbal Conduct

•  Sending unwanted messages by social media, phone or email that have sexual language or images • Displaying sexually explicit or suggestive material like pictures or videos • Making sexually-suggestive gestures. • Whistling at people. • Looking at people sexually

Consequences

Consequences vary based on the type of act committed and the employer. Common consequences for J-1 Exchange Visitors have included;

•  Verbal or written warning by host employer. • Transfer to a different department/job. • Unpaid Suspension for a period of time; often while incident is under review. • Immediate dismissal from job. • Removal from housing.
•  Program review and possible program termination by sponsor depending on offense. • Program is shortened and Exchange Visitor must return home early. • Possible legal consequences depending on offense.

Appropriate Behavior

If you behave professionally and politely, you should avoid being accused of sexual harassment. Follow these tips below while working in the United States;

•  Treat everyone around you respectfully, both at work and outside of work. • Be careful about what you say to co-workers, friends and customers. • If someone says “No” or “Stop”, assume they mean “No” and stop what you are doing (even if you are or have been in a romantic relationship with that person).
•   Even if you have had a romantic relationship with someone previously, that does not mean you have the right to continue to engage with that person romantically or sexually. • Do not use any kind of sexual language or gesture at work. • Other than shaking hands, avoid physical contact with co-workers, unless they tell you it is okay.

What to Do If You Are a Victim of Sexual Harassment

Anyone can be a victim of sexual harassment, regardless of their gender and of the gender of the harasser. Sexual harassment may also occur between people of the same gender. If you feel you are a victim of sexual harassment, below are some steps you can take;

•  If you feel you are in danger, call 911 immediately. • If you feel safe, tell the person that you do not like the behavior and tell them to stop. • Keep a record of all incidents. • Contact your sponsor so they can help you determine next steps. • Report the behavior to human resources, your supervisor and/or to the harasser’s supervisor.
•  Talk to someone in the HR department. • Ask a trusted friend or co-worker for support and help. • Try to avoid being alone with this person until you can report the incident and seek help. • Please do not assume the employer is aware of the problem. You must bring your concerns and/or complaints to your employer’s attention to be resolved.