What Is Sexual Harassment?

Sexual harassment and sexual discrimination violate employee rights and can create a hostile work environment. Learn what legal options are available if you have suffered sexual harassment at work. Talk to an employment lawyer about the details of your case.

Sexual harassment is legally defined as ”unwelcome verbal, visual, or physical conduct of a sexual nature that is severe or pervasive and affects working conditions or creates a hostile work environment” under Title VII of the Civil Rights Act of 1964

Different forms of unwelcome conduct may include:

Verbal or written:

• Sex-based jokes
• Unwelcome comments about a person’s body, clothing, or personal/sex life
• Requesting sexual favors
• Repeatedly asking a person out on a date after being turned down
• Sexual innuendos
• Unwelcome flirting
• Threats

Physical:

• Inappropriate touching (kissing, hugging, scratching, patting, stroking, etc)
• Interfering with or blocking a person’s movement

Nonverbal:

• Following or stalking a person’s movements
• Looking up and down a person’s body
• Inappropriate facial expressions or gestures

Visual:

• Sending or posting emails or pictures of a sexual nature
• Displaying sexual objects, pictures, and/or posters in the workplace

Who can sexual harassment affect?
The harasser can be the victim’s supervisor, an agent of the employer, a supervisor in another area or department, a co-worker, or a non-employee.

•  The victim and/or the harasser may be a man or a woman
• Anyone in the working environment who is affected by the unwelcome behavior can claim sexual harassment, not just the direct victim
• The harassment can occur without the victim experiencing economic injury or being terminated from their position

What can I do if I have been harassed?
Sexual harassment and sexual discrimination violates an employee’s rights and can create a hostile work environment or result in wrongful termination.

If you believe you have experienced sexual harassment the first important step is letting the offending person or persons know that their behavior is unwelcome and asking them to stop.

If the offensive behavior continues, report it to your human resources department or employer. Your company may already have a sexual harassment complaint process established.

Try to record any instances of harassment as soon as they occur, being sure to include dates, times, locations, witnesses, and other details. If there were other people present, ask them to write down their version of the events. Keep your records in a safe location away from your work.

If your employer cannot or will not resolve the situation to your satisfaction you can contact an experienced sexual harassment lawyer and decide if you would like to file a charge.

Fill out this short survey and get connected to local sexual harassment attorneys in your area who can explain your legal rights and options.