‘Unlawful workplace harassment’ is defined as unwelcome or unsolicited speech or conduct based upon race/color, gender, religion/creed, national origin, age, or disabling condition as defined by G.S. 168A-3 which creates/results in a ‘hostile work environment’ or circumstances involving ‘quid pro quo’ harassment.
‘Hostile work environment’ is defined as one that a reasonable person would find to be abusive or hostile and one that the affected person perceives to be abusive or hostile. A hostile work environment is determined by an evaluation of all corresponding circumstances – including the frequency and severity of the alleged harassing conduct; whether it is physically humiliating or threatening, in nature; and whether the conduct unreasonable interferes with the an employee’s work performances.
‘Quid pro quo’ harassment consists of unwelcome sexual advances, requests for sexual favors, or other physical or verbal conduct when 1) submission to such conduct is made a term or condition of an individual’s employment, either explicitly or implicitly, or 2) rejection of, or submission to, such conduct is used as a basis for employment decisions affecting such individual.
‘Retaliation’ is any adverse treatment resulting from an individual’s opposition to unlawful workplace harassment.