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American Cider Association is committed to your safety and equipping you with the resources you need in order to properly report any incidents on sexual harassment.

What is sexual harassment?

Sexual harassment is a broad term encompassing any unwelcome behavior of a sexual nature that is committed without consent or by force, intimidation, coercion, or manipulation. sexual harassment can be committed by a person of any gender, and it can occur between people of the same or different gender.

Sexual harassment shows itself in a variety of forms and in varying degrees of seriousness. sexual harassment can be perpetrated by employees, bosses, clients, customers, vendors, or anyone you interact with.

Sexual harassment can be nonconsensual sexual contact, but this is not a necessary component. For example, threatening speech that is sufficiently severe or pervasive to constitute sexual harassment will constitute sexual harassment. Making photographs, video, or other visual or auditory recordings of a sexual nature of another person without consent constitutes sexual harassment, even if the activity documented was consensual. Similarly, sharing such recordings or other sexually harassing electronic communications without consent is a form of sexual harassment.

Sexual harassment includes, but is not limited to, the following examples of prohibited conduct as further defined below:

Sexual harassment is a form of discrimination that includes verbal, written, or physical behavior of a sexual nature, directed at an individual, or against a particular group, because of that person's or group's gender, or based on gender stereotypes or manifestation, when that behavior is unwelcome and meets either of the following criteria: Determination of whether alleged conduct constitutes sexual harassment requires consideration of all the circumstances, including the context in which the alleged incidents occurred.​ Some forms of sexual harassment include:

  • physical acts of sexual assault.
  • requests for sexual favors.
  • discussing sexual relations/stories/fantasies in any situation that feels inappropriate or unwanted.
  • feeling pressured to engage with someone sexually.
  • exposing oneself or performing sexual acts on oneself.
  • unwanted sexually explicit photos, emails, or text messages.
  • leering
  • wolf whistles
  • discussion of one's partner's sexual inadequacies
  • sexual innuendo
  • comments about an individual’s body
  • 'accidentally' brushing sexual parts of the body
  • lewd & threatening letters, texts, statements
  • tales of sexual exploitation
  • graphic descriptions of pornography
  • pressure for dates
  • sexually explicit gestures
  • unwelcome touching and hugging
  • sexual sneak attacks
  • sabotaging an individual’s work
  • sexist and insulting graffiti
  • demanding requests
  • inappropriate invitations
  • sexist jokes and cartoons
  • hostile put-downs of individual
  • exaggerated, mocking 'courtesy'
  • public humiliation
  • obscene phone calls
  • displaying pornography to an individual
  • insisting that individuals wear revealing clothes
  • inappropriate gifts (ex. lingerie)
  • hooting, sucking, lip-smacking, & animal noises
  • pressing or rubbing up against the victim
  • sexual assault
  • soliciting sexual services
  • stalking
  • leaning over, invading a person's space
  • indecent exposure
    • (Source: Feminist Majority Foundation)

Sexual Exploitation involves taking nonconsensual, unjust, or abusive sexual advantage of another person. Examples include but are not limited to; electronically recording, photographing, or transmitting intimate or sexual utterances, sounds, or images without the knowledge and consent of all parties involved.

Sexual Intimidation involves but is not limited to; threatening another person that you will commit a sex act against them; or engaging in indecent exposure.

Sexual Coercion is coercion of sexual activity or other sex-linked behavior by threat of punishment; examples include negative performance evaluations, withholding of promotion, a threat of termination.

Sexual Bribery is the solicitation of sexual activity or other sex-linked behavior by promise of reward; the proposition may be either overt or subtle.

Sexual Assault/Abuse are similar and are serious crimes. They are a form of sexual harassment and represent a continuum of conduct from forcible intercourse to nonphysical forms of pressure that compel individuals to engage in sexual activity against their will. Both sexual abuse and assault can take a number of forms and can change during the course of a single interaction. Sexual assault is sexual contact or behavior that occurs or continues without the explicit consent of the victim. Some forms of sexual assault include:

  • Fondling or unwanted sexual touching.
  • Forcing a victim to perform sexual acts, such as oral sex.
  • Refusal to stop or discontinue sexual acts or touching when asked, even if consent had previously been given.
  • Rape (forced intercourse).
  • Attempted rape.
IMPORTANT NOTE:

If you have been a victim of sexual assault, report it to law enforcement immediately rather than reporting it through WeVow. Sexual assault is a felony crime and must be reported to law enforcement.

Sometimes sexual harassment is intentional, other times the perpetrator is either unaware of crossing boundaries or believes to have had some kind of social permission from the other person(s) that their actions are acceptable. For this reason, we believe that the best rule is to never do or say anything that could come into question.

Is it flirting or is it is sexual harassment? Consider the following checklist:

Sexual Harassment Flirting
feels bad feels good
one-sided reciprocal
feels unattractive feels attractive
is degrading is a compliment
feels powerless in control
power-based equality
negative touching positive touching
unwanted wanted
illegal legal
invading open
demeaning flattering
sad/angry happy
negative self-esteem positive self-esteem
Who can be a target of sexual harassment?

Anyone can be a victim of sexual harassment, regardless of sex, sexual orientation, gender identity, gender expression, or transgender status. An individual can be a victim of sexual harassment even if they were not the intended recipient. sexual harassment can occur between people of different sexes, sexual orientations, gender identities, gender expressions, or transgender statuses.

What is gender identity, gender expression, and sexual orientation?

State law in many U.S. states defines “sex,” “gender identity,” “gender expression,” and “transgender”:

  • Sex or Gender includes a person’s sex assigned at birth, gender identity and gender expression.
  • Gender identity is a person’s internal understanding of their gender which includes male, female, a combination of male and female, neither male nor female, or a gender different from a person’s sex assigned at birth, or transgender.
  • Gender expression is a person’s gender-related appearance or behavior, whether or not stereotypically associated with the person’s sex assigned at birth.
  • Sexual orientation is a person’s interpersonal physical, emotional, and/or romantic preferences in regards to attraction.
  • Transgender is a general term that refers to a person whose gender identity differs from the person’s sex assigned at birth.
What is retaliation?

Unlawful retaliation is any action that would restrict an individual from coming forward to report or support a sexual harassment claim. Retaliatory actions do not need to be job-related or occur within the workplace to be considered unlawful retaliation.

Federal law protects anyone who has engaged in “protected activity,” which includes:

  • Filing a complaint of sexual harassment either within the organization or with any federal or state-level anti-discrimination agency,
  • Testifying or assisting in an anti-discrimination agency’s investigation, proceeding, or litigation involving sexual harassment,
  • Opposing sexual harassment through verbal or informal complaints,
  • Complaining that another person has been sexually harassed, or
  • Encouraging another person to report harassment.

Federal Law prevents anyone from punishing victims or witnesses to sexual harassment through the following:

  • reprimand the individual or give a review that is lower than it should be
  • transfer the individual to a less desirable position,
  • engage in verbal or physical abuse,
  • threaten to make, or actually, make reports to authorities (such as reporting immigration status or contacting the police),
  • increase scrutiny,
  • spread false rumors,
  • make the person's work or position more difficult.
Effects of sexual harassment

Effects of sexual harassment can vary from person to person and can come in many different forms. Some of the ways sexual harassment can affect you include:

Physiological Effects

  • Headaches
  • Lethargy
  • Sexual problems
  • Gastrointestinal distress
  • Dermatological reactions
  • Phobias
  • panic reactions
  • Sleep disturbances
  • Nightmares
  • Weight Fluctuation

Psychological Effects

  • Depression, anxiety, shock, denial
  • Anger, fear, frustration, irritability
  • Insecurity, embarrassment, feelings of betrayal
  • Confusion, feelings of being powerless
  • Shame, self-consciousness, low self-esteem
  • Guilt, self-blame, isolation

Work/Career Effects

  • Decreased job satisfaction
  • Unfavorable performance evaluations
  • Loss of job or promotion
  • Change in career goals, jobs, educational programs, academic majors, etc.
  • Absenteeism
  • Withdrawal from work or school
  • Drop in academic/work performance due to stress
    • (Source: American Psychological Association)

How To Intervene When You Are Witnessing Sexual Harassment

  • A simple way is to remember the acronym C.A.R.E.
    • Create a distraction
      • Do what you can to distract the harasser or those involved in the harassment without putting yourself in danger.
    • Ask Directly
      • Talk to the person who is being harassed.
    • Refer to an authority
      • Safest way to deal with harassment is to bring in an authoritative figure.
    • Enlist Others
      • If you don’t think you can help out on your own, recruit others.