What constitutes a substantiated incident of sexual harassment?

A substantiated incident of sexual harassment is determined by the reasonable person standard, which assesses whether a reasonable person in a similar situation would perceive the behavior as offensive, inappropriate, or creating a hostile work environment. This standard is critical because it shifts the focus from the subjective feelings of the victim to an objective evaluation of the behavior in question.

When applying the reasonable person standard, the goal is to ensure that allegations of sexual harassment are evaluated based on commonly accepted social norms and the expectations for workplace conduct. If the behavior would be deemed inappropriate by a reasonable person, it is more likely to be classified as harassment, thus qualifying it as substantiated.

Factors such as whether incidents are reported to management, witnessed by third parties, or made anonymously may play a role in the evaluation of a claim but do not independently determine if an incident is substantiated. Therefore, understanding and applying the reasonable person standard is essential for accurately identifying instances of sexual harassment.