Sexual Harassment in the Workplace

This content contains sensitive subject matter related to sexual misconduct in the workplace. 

Sexual harassment in the workplace is a common problem in American workplaces. It can create an uncomfortable work environment or make you fear for your safety. Sexual harassment in the workplace is a violation of your fundamental human rights. There are state laws and federal protections that prohibit sexual harassment and give you the right to file a lawsuit against your employer.

This LawInfo article provides an overview of sexual harassment in the workplace. For more information about your workplace rights, talk to an experienced employment lawyer for legal advice.

What Is Workplace Sexual Harassment?

Sexual harassment includes unwelcome sexual advances, asking for sexual favors, or other harassment of a sexual nature. Sexual harassment in the workplace can involve physical contact or verbal conduct of a sexual nature. It can also include making offensive statements about your sex or sexual orientation. Examples of sexual harassment can include:

• Sexual jokes
• Comments about your sex life
• Sharing sexual photos
• Unwanted touching
• Requesting sexual favors
• Harassing you based on your gender identity

A co-worker, client, supervisor, or contractor can perpetrate harassment. Harassers can be of any gender, and be the same sex as or a different sex of the victim. Sexual harassment can involve single events or repeated harassment over time.

What Are Types of Sexual Harassment?

Types of sexual harassment in the workplace are generally categorized as:

• Quid pro quo harassment
• Hostile work environment

Quid pro quo sexual harassment involves a promise of benefits in exchange for sexual favors. For example, your boss tells you that you won’t get a pay increase if you don’t sleep together. However, a quid pro quo isn’t always so explicit. Even implying a promotion or other job-related benefit for sexual favors is sexual harassment.

A hostile work environment involves working conditions that interfere with your ability to do your job. For example, every work day, a co-worker makes sexual comments about you even after you tell them to stop. An offensive work environment is so intolerable that it forces you to quit.

A single comment or joke may not be enough to constitute a hostile work environment. However, when sexual harassment is severe or frequent, it becomes abusive, intimidating, or interferes with your work performance.

What Laws Protect You Against Sexual Harassment in the Workplace?

Sexual harassment is a form of sex discrimination. You are protected against unwanted sexual harassment by Title VII of the Civil Rights Act of 1964. Title VII applies to any employer with 15 or more employees.

State laws may also prohibit sexual harassment on the job. In some states, the sexual harassment laws provide broader protections than federal law. Sexual harassment is one of the most important employment laws guaranteeing you a safe workplace.

What Are Your Rights if You Are Sexually Harassed at Work?

You have the right to be able to work in an environment that is free from sexual harassment and unwelcome sexual advances. If you are harassed at work, report it to a supervisor or human resources representative. For sexual harassment cases, you may need to put the employer on notice before you can sue.

Your employer should take immediate action and protect you against further harassment. If the employer doesn’t put a stop to the harassment, you can report harassment to your state civil rights department, the U.S. Equal Employment Opportunity Commission (EEOC), or a lawyer, who can assist you with seeking justice.

Is Sexual Harassment a Crime?

Sexual harassment on the job is a violation of your civil rights. However, sexual harassment can also be a crime. If harassment involves sexual violence or sexual assault, it is a crime. You can report sexual assault to the police. If the state prosecutes sexual assault, the perpetrator can face jail time and a criminal record.

What Are the Legal Consequences of Sexual Harassment?

There are severe consequences for sexual harassment in the workplace. This is why so many companies require sexual harassment training programs for all employees. Unfortunately, many victims of sexual harassment do not come forward because of retaliation. Employers cannot retaliate against you for reporting sexual harassment or other discrimination. If you get demoted or fired after reporting harassment, you can file a whistleblower retaliation claim against your employer.

How Can You File a Sexual Harassment Complaint?

Once you report a sexual harassment claim, the EEOC can investigate your claim and seek a settlement with your employer.

If the EEOC cannot settle the claims, your lawyer can file a civil lawsuit against your employer for damages. Damages in a workplace sexual harassment case can include compensation for:

• Back pay and front pay
• A loss of benefits
• Pain and suffering and emotional distress
• Your attorney’s fees

You do not have to suffer in silence. Know your rights and talk to an experienced employment law attorney about your legal rights to hold your employer accountable.