Sexual Harassment at Work

You love your job. But one of your co-workers has been making it unbearable for you lately. From the lewd remarks about their sex life to the inappropriate and offensive jokes, you’ve had enough. You might wonder if this is sexual harassment. Or perhaps you think it’s not because no one’s pressuring you for sexual favors.

A great deal of confusion surrounds workplace sexual harassment. Still, it’s important to understand that you have the right to a workplace free from harassment.

If you suspect you’re experiencing sexual harassment at work, consider speaking with an employment law attorney. They can help you understand the specific remedies and protections to which you’re entitled.

In the meantime, we’ll dispel some common misunderstandings about workplace sexual harassment. We’ll also provide you with resources and information you’ll want to keep in mind as you preserve your well-being and figure out next steps. Let’s begin by clarifying what this type of harassment is.

Sexual Harassment

Sexual harassment is a form of sex discrimination.

Discrimination is the unfair treatment of someone based on a protected characteristic like sex or gender. Harassment is a type of discrimination. It’s unwanted conduct that intimidates, offends, degrades, or humiliates someone.

Sexual harassment involves unwelcome behavior of a sexual nature. This sexual misconduct can occur in various verbal and/or physical forms. For example:

• Inappropriate sexual comments
• Unwanted touching/advances
• Sexist slurs

When the harassment involves unwanted physical contact of a sexual nature, it’s sexual assault. From groping to rape, all sexual assault is a form of sexual violence.

Sexual Harassment at Work

If the unwelcome conduct makes someone feel uncomfortable or unsafe at work, it’s often considered workplace sexual harassment. Sexual harassment can happen in any job setting and can affect anyone, regardless of gender. It may come from co-workers, bosses, or even customers.

Workplace sexual harassment can even occur online or outside of work if it affects professional relationships or the work environment.

There are two main kinds of workplace sexual harassment:

Quid Pro Quo Sexual Harassment

Quid pro quo sexual harassment happens when someone in a position of power offers job benefits in exchange for sexual favors or conduct of a sexual nature. If the person refuses, they might face negative consequences, like being fired or demoted.

For example, a supervisor might tell an employee that if they go out with him, he’ll make sure they get a promotion.

Hostile Work Environment Sexual Harassment

Hostile work environment harassment is the other type. It occurs when the unwelcome sexual behavior is severe or frequent enough that it creates an intimidating or oppressive work atmosphere. Essentially, the offensive conduct interferes with someone’s ability to do their job effectively.

This form of harassment doesn't have to be directly aimed at the person feeling harassed. And it doesn't have to come from someone in power. It can be from coworkers or even clients.

For instance, a co-worker repeatedly tags a colleague in sexually suggestive memes or comments on social media posts visible to other colleagues. The behavior continues despite the embarrassed and uncomfortable colleague’s requests to stop.

Sexual harassment of any kind can affect a person’s employment and interfere with their work performance.

Is Workplace Sexual Harassment Illegal?

Generally, yes.

The main federal law that protects against employment discrimination is Title VII of the Civil Rights Act of 1964 (Title VII). This anti-discrimination law prohibits employment discrimination based on sex, which includes sexual harassment. It also prohibits workplace discrimination based on:

• Race
• Color
• Religion
• National origin

Title VII’s ban on workplace sex/gender discrimination also includes conduct targeting gender identity, sexual orientation, and pregnancy. This means workplace harassment based on any of these protected characteristics is workplace sexual harassment.

For example, let's say a manager pressures a transgender employee to dress according to their biological sex at birth in exchange for continued employment. This is an example of quid pro quo harassment on the basis of gender identity. As such, it’s an example of sexual harassment prohibited by Title VII.

Title VII Application

Title VII prohibits employers from engaging in sexual harassment or any other type of employment discrimination against employees and job applicants. This extends to all aspects of the employment relationship, including:

• Hiring/firing
• Job reassignments
• Promotions
• Working conditions

For example, a job applicant arrives for an interview and hears male employees’ loud, sexually explicit comments about her appearance. During the interview, the hiring manager repeatedly makes unwelcome sexual advances at her and suggests her attractiveness would benefit the company. While touring the office, the manager shows the applicant sexually suggestive posters in common areas. He jokes that it's part of the company culture and reasons that sexual desire is natural.

This is an example of hostile work environment sexual harassment. This conduct is likely severe and frequent enough, even though it occurs in a single interview. It can create an intimidating and offensive workplace environment.

Employer Obligations

Title VII applies to employers with 15 or more employees. It prohibits these employers from engaging in discrimination, including sexual harassment.

It also requires them to:

• Ensure that sexual harassment isn’t tolerated in the workplace
• Quickly and fairly investigate sexual harassment complaints
• Take prompt action to stop the harassment and prevent its recurrence
• Prevent retaliation against people who report harassment and discrimination

The U.S. Equal Employment Opportunity Commission (EEOC) enforces these Title VII obligations.

State Law

Many states have their own anti-discrimination and harassment laws that offer stronger protections than Title VII.

For example, Illinois law requires employers to provide annual sexual harassment prevention training and establish written sexual harassment policies. The law applies to all employers in the state, regardless of size.

At a minimum, however, Title VII still applies to most employers in all states with 15+ employees.

If You’re Facing Workplace Sexual Harassment

Despite these federal and state laws, sexual harassment continues to occur in workplaces across the country. Victims of sexual harassment generally have several options. They can range from filing a report with the employer’s human resources office to taking private legal action. An experienced employment law attorney can help you sort through them.

In the meantime:

Gather Supporting Information

Document everything. Keep detailed records of the unwelcome behavior. Collect communications like emails, text messages, and other related communications. Documentation of attempts made to address the harassment can also be helpful.

File Agency Charges

In most cases, you’ll need to file a charge with the EEOC before you can sue. This generally applies to most discrimination claims and retaliation claims related to discrimination.

State law may also mandate filing with state agencies to preserve certain claims. In Illinois, for example, you have the option to file your sexual harassment claim with the EEOC or the state to preserve your right to sue. The Illinois Human Rights Commission serves as the state's forum for litigating discrimination complaints. Depending on the circumstances and remedies sought, one agency may better serve your needs than the other.

Speak With Human Resources

In some cases, your human resources department may be able to help. But if you lack trust in the internal complaint process, going directly to the EEOC might be a better option. Similarly, you may want to file a complaint with the EEOC right away if you fear retaliation at work.

For these and other strategic reasons, you’ll probably want to touch base with an employment attorney before taking action.

Getting Legal Advice

State agencies and the EEOC typically work with strict deadlines. Filing an agency charge might not provide you with the remedies you’re seeking. But it’s often necessary to preserve your ability to pursue certain legal claims.

As a result, it’s highly advisable you speak with an employment attorney sooner rather than later. They can help you understand the range of remedies and protections available to you.

The best course of action for you will depend heavily on your jurisdiction and your specific situation. So, you’ll want to consult someone experienced with the laws of your state.

Fortunately, Findlaw’s directory of employment attorneys is arranged geographically. Just click on your state and city to connect with local experts. A trusted advocate will be instrumental as you move forward.