The agency proves a sexual harassment charge, with preponderant evidence, by establishing the following elements: (1)the appellant subjected an employee to sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature; (2) the nature was based on sec; (3) the conduct was sufficiently severe or pervasive to interfere with a person’s job performance.
Harassment of the basis of sex is a violation of Sec. 703 of Title VII. Un-welcomed sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; (2) submission to or rejection of such conduct by an individual is used at the basis of employment decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.
The nature of an agency’s burden in a sexual harassment charge will vary depending on the conduct that allegedly occurred and the authority claimed to have been violated. Intent is not required for this charge. The focus is on the victim rather than the alleged wrongdoer.
The federal employee attorneys at Melville Johnson, P.C. are highly experienced in MSPB matters such as these, and are willing and able to assist you in your federal employment legal matters. Call or message us today to discuss your claim and learn how we can assist you.
 Meritor Savings Bank, F.S.B. v.Vinson, 477 US 57 (1986).