Sexual harassment can be traumatizing, upending the victim’s sense of safety, well-being, and belonging in the workplace. One abuse of power can force an employee to pit their emotional health against their fear of losing their job.
Keeping the workplace free of sexual harassment is key to maintaining a welcoming, productive company culture. Employers that take proactive steps to prevent workplace sexual harassment can keep their employees happy and safe, avoid legal penalties, and build a reputation as a good place to work.
What Is Sexual Harassment?
Sexual harassment generally refers to unwanted or offensive behavior of a sexual nature or based on the victim’s sex. Many different types of behavior can be considered sexual harassment, including sexual advances, inappropriate comments, obscene gestures, non-consensual touching, and more.
Sexual harassment is also typically grouped into two types: hostile work environment and quid pro quo. A hostile work environment is a workplace where behavior such as sexual harassment creates an abusive and intimidating environment for workers.
Quid pro quo sexual harassment is a situation where a supervisor or other person in a position of power attempts to coerce an employee into agreeing to sexual favors by promising or implying they’ll receive preferential treatment—or retaliation, should they refuse.
What Constitutes Sexual Harassment in the Workplace?
Workplace sexual harassment is illegal under federal law, but the behavior must meet certain requirements to be legally actionable. Under Title VII of the Civil Rights Act of 1964, harassment must be severe or pervasive enough to create a hostile work environment. Sexual harassment in the workplace doesn’t have to be between employees of opposite sexes or even sexual in nature—it can include offensive treatment based on a worker’s gender or sexual orientation.
Sexual harassment is also illegal when it interferes with a worker’s employment—either resulting in a negative employment action such as a termination or forcing the worker to accept the behavior if they want to stay employed.
What Are the Types of Sexual Harassment?
Workplace sexual harassment can come in many forms, but most can be categorized as verbal, nonverbal, and physical.
Verbal Harassment
Verbal sexual harassment is spoken in the workplace, whether directly to the victim or out loud within earshot. This type of harassment can include sexual comments, offensive jokes, inappropriate innuendos, derogatory nicknames, unwanted romantic or sexual advances, and more.
Physical Harassment
Unwanted physical contact can be one of the most blatant and severe forms of sexual harassment. This includes nearly all non-consensual touching, but subtler contact—such as standing too close to someone or repeatedly offering massages—can also be harassment.
Nonverbal Harassment
Some types of harassment can make workers uncomfortable without any direct contact or conversation. Obscene gestures, gawking stares, viewing or displaying pornographic materials, or stalking behavior can all be nonverbal workplace sexual harassment.
Who Can Be Liable for Sexual Harassment?
Employers are vicariously liable for their employees’ actions, meaning they can also be found responsible for sexual harassment committed by a manager or supervisor.
Employees in positions of power are not the only ones who can commit sexual harassment either—co-workers of equal or even lesser rank or seniority can also be responsible.
How Does Sexual Harassment Create a Hostile Work Environment?
When an employee is subjected to sexual harassment, it distracts them from their ability to work in multiple ways. The behavior can cause emotional distress and make them fear for their safety in the workplace, preventing them from focusing on tasks. If the behavior goes unchecked, the worker will dread even going to the workplace, contributing to burnout.
If their mental health suffers enough, the worker may be forced to leave the job entirely to preserve their well-being. Sexual harassment can drive away effective workers and fuel a toxic work culture where bad behavior is ignored at best, a cycle that will only worsen without active effort to stop it.
What Can I Do If I Suspect Sexual Harassment in the Workplace?
If you’re experiencing sexual harassment or believe a coworker may be dealing with abusive conduct, it’s important to take action.
Look Over Your Company’s Sexual Harassment Policy
Examine your employer’s written rules and policies regarding sexual harassment. If you can determine that the behavior you’re experiencing or witnessing explicitly violates company policy, it could strongly incentivize your employer to take action.
Collect Evidence of the Harassment
Take thorough notes after any incident, including dates, times, people present, and specifics of what happened. Your record can serve as a strong backbone for your claims, as direct evidence of harassment is often difficult to come by.
File a Complaint with Human Resources
Once you’ve gathered all available evidence, bring it to your company’s human resources department and file a complaint. While it’s best to report sexual harassment internally before contacting government agencies, there is a risk of retaliation if your employer is unethical. However, retaliation for reporting sexual harassment is illegal under federal law, and if you suffer consequences after standing up for what’s right, it will only strengthen your case.
File a Complaint with a State or Federal Agency
If your employer can’t or won’t stop sexual harassment, it’s time to bring your claims to the Equal Employment Opportunity Commission or a comparable agency that handles complaints in your state. These agencies can open an investigation into your complaint and potentially issue penalties against your employer, including giving you consent to file a lawsuit.
Contact Joseph & Norinsberg For Your Employment Law Cases
You don’t have to put up with sexual harassment in the workplace. You have a right to feel safe at your job. The skilled employment law attorneys with Joseph & Norinsberg have more than 75 years of collective experience fighting to protect workers’ rights. We’re ready to help hold your employer accountable and get the justice you deserve. Contact us online or call 212-227-5700 today for a free consultation.
