ABC Test

Current effort would enshrine Dynamex standards into state law

By Teresa Craighead

The Equal Employment Opportunity Commission has defined sexual harassment in its guidelines as the following: unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

• Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, or
• Submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual, or
• 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.