In evaluating the case of Peter Lewiston and Beverly Gilbury against the Equal Employment Opportunity Commission (EEOC) definition of sexual harassment, it is essential to first understand what constitutes sexual harassment under EEOC guidelines. According to the EEOC, sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when submission to such conduct is made a term or condition of employment, or when such conduct creates an intimidating, hostile, or offensive work environment. The EEOC defines sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that creates a hostile work environment …show more content…
This pattern of conduct aligns with what the EEOC defines as sexual harassment because it was unwelcome and had the potential to create a hostile work environment. Although Lewiston might not have had malicious intent, the repeated nature of his advances and his disregard for Gilbury’s explicit boundaries contributed to an uncomfortable and hostile work environment. The intent or motive behind Lewiston’s conduct is a nuanced aspect of sexual harassment cases. While Lewiston’s actions may not have been driven by malice, his persistent behavior disregarded the clear signals of discomfort from Gilbury. The EEOC’s focus is on the impact of the conduct, rather than the intent. In sexual harassment cases, the emphasis is on whether the behavior was unwelcome and whether it created a hostile work environment for the recipient, regardless of the perpetrator’s intent. Although Lewiston may have been motivated by loneliness and a desire for friendship, these factors do not excuse or justify his behavior under EEOC