Making the legislature a safe workplace: sexual harassment can occur anywhere, including in the legislature.

The legislative arena is a place where laws are made, but it also is a workplace governed by laws. Legislators, staffers, pages, interns, volunteers and administrators all work together and interact with each other and with people from the outside, including citizens and the media.

Laws and policies give these workers the right to be free of sexually harassing behavior when they are in the workplace and at all legislatively sponsored events, including social events.

Federal and state laws forbid and punish sexual and other forms of harassment at work. Many states have specific policies covering both legislators and legislative staff that prohibit such harassment and impose penalties.

Although most people can recognize race or age discrimination, sexual harassment is different. "I'll know it when I see it" can be a risky guideline. Laws and policies have some specific rules and interpretations that are best learned rather than guessed at. Scandals and press coverage of these incidents can bring political careers to an abrupt and memorable end.

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KNOW THE LAW.

The Equal Employment Opportunity Commission defines sexual harassment as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:

* Submission to such conduct is made explicitly or implicitly a term or condition of the individual's employment;

* Submission to or rejection of such conduct is used as a basis for employment decisions; or

* Such conduct has the purpose or effect of unreasonably interfering with the individual's work performance or creating an intimidating, hostile or offensive work environment.

This definition is part of state and federal law and is usually included in policies against sexual harassment.

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NEVER MAKE UNWELCOME SEXUAL ADVANCES.

Be careful, as "unwelcome" is determined by the recipient of the behavior--the motive or intention of the doer is irrelevant. The doer may have meant the comment or gesture as a joke or mistakenly assumed the behavior was welcome--but the law says if a reasonable person could find the behavior offensive and the behavior is "sexual" in some way, sexual harassment may have occurred.

Laws and policies divide sexual harassment into two types. The first, "quid pro quo" ("this for that") includes requests for sexual favors in exchange for some job-related benefit, like a promotion, raise, job security, a good evaluation, etc. It doesn't matter if the worker says "no" and doesn't engage in the requested conduct--the mere making of such an offer is prohibited.

The second, "hostile work environment," includes unwelcome sexual advances, whether or not they include touching; sexual slurs, insults, jokes or comments about a person's sex life or sexual preferences; gossip or questions about a person's sexual experiences or dates; whistling, leering or brushing against someone's body; or displaying sexually suggestive pictures, calendars, or objects.

Although it's certainly true that harassment can occur by a man against a woman at work, women can also harass other women at work, men can harass other men, and women can harass men. Sexual harassment is a broad concept and can occur regardless of the genders or sexual orientations of the people involved.

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KNOW WHAT UNWELCOME MEANS.

"Sexual touching" is almost always ruled unwelcome. Pestering someone for dates is also almost always ruled unwelcome; in other words "no" means "no." The person who asks for the date may say they are just being persistent or dedicated. This is the old "try, try again" theory or the thought that if a coworker (includes staffers, colleagues, interns, administrative staff) just got to know you better, they would really like you. Again, be careful; it's not what the person asking for the date thinks is reasonable, it's what the person being asked thinks. Once the co-worker sets boundaries, continued behavior is unwelcome. The recipient of the unwelcome advances does not have to confront the harasser; in fact, he or she may laugh at jokes and other behavior, not because they're "welcome" but because of fear or pressure. Remember, "unwelcome or welcome" is in the eyes of the beholder.

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AVOID INAPPROPRIATE PUBLIC DISPLAYS OF AFFECTION.

If two people are engaging in inappropriate public displays of affection in the workplace and a co-worker or other person present is offended, that person could potentially file a sexual harassment claim. Again, putting up with such behavior shouldn't be part of a person's work challenge. So, although dating co-workers or having consensual romantic relationships with co-workers usually is not prohibited, demonstrations of affection and romantic behavior should be kept outside the workplace.

Supervisors or people in power who date people they supervise or have power over can also present issues. Other co-workers may think that the person involved in the relationship is getting special treatment as a result of the relationship. Sometimes these perceptions are accurate and sometimes not. Human resource or personnel policies often state that a supervisor who becomes romantically involved with an employee should see that someone else steps in to supervise.

Co-worker dating, though again usually not forbidden, also can cause workplace problems if the romantic relationship goes sour. The fallout of these situations should not be played out in the workplace--both for the sake of the people who were in the relationship and others who may be affected by the fallout.

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REFRAIN FROM ANY KIND OF RETALIATION.

Retaliation against the person making the accusation or anyone investigating the complaint is prohibited by law and policies. Even if the harassment is unfounded, acts of retaliation can be a separate and punishable offense.

Retaliation can include dismissal threats, unfairly changing work assignments or badmouthing the complainant.

Legislators as individuals and legislatures as bodies are responsible for setting the tone for a respectful work environment. Laws and policies increasingly focus on this responsibility.

WHAT YOU CAN DO

IF YOU THINK YOU ARE BEING SEXUALLY HARASSED AT WORK:

* Don't ignore the behavior, or remain silent.

* Tell the person you don't like the behavior and that it must stop immediately.

* If you don't feel comfortable confronting the person, go to the person designated in your employer's policy for help.

* Don't answer inappropriate personal questions.

TO PROTECT YOURSELF FROM BEING ACCUSED OF SEXUAL HARASSMENT:

* Know and follow your employer's sexual harassment policy.

* Don't talk about sex or intimate relationships at work.

* If in doubt, don't do it.

Susan Huntley is the former associate director of Equal Employment Opportunity/Affirmation Action at Brown University, Providence, R.I. She now works for NCSL's Center for Ethics in Government where she researches state ethics laws and conducts seminars for states on sexual harassment and employment law.