What factors may be considered in determining whether conduct constitutes inappropriate touching?

Author: Beth P. Zoller, XpertHR Legal Editor

A number of factors must be considered when determining whether conduct constitutes inappropriate touching because different gestures may be interpreted by different people in various ways. Factors that should be evaluated in determining whether the conduct rises to the level of inappropriate workplace touching include:

  • The individuals involved;
  • Cultural differences;
  • Personality differences;
  • The employer's industry; and
  • General tone of the workplace.