
What Is Considered Workplace Sexual Harassment?
Sexual harassment is a broad term that refers to situations where another person’s inappropriate conduct makes a worker feel uncomfortable or unsafe. Sexual harassment can also result in unfair treatment. Most people think of unwanted sexual advances when discussing this form of discrimination, but the truth is sexual harassment can take many forms.
Title VII of the Civil Rights Act, a federal law, specifically defines two major types of unlawful sexual harassment:
- Hostile Work Environments. A hostile work environment refers to a situation where discrimination and harassment have become so pervasive that it interferes with the victim’s ability to do their job.
- Quid Pro Quos. A quid pro refers to a scenario where someone asks for a sexual favor in exchange for some type of work-related advantage or opportunity. For example, a boss might tell a subordinate they will receive a promotion if they comply with a sexual request.
Examples of Sexual Harassment
You may be the victim of sexual harassment if:
- You are subject to frequent, inappropriate comments about your appearance
- You receive sexual text messages, emails, or instant messages
- You are asked about your sex life
- You are told about someone else’s sex life
- You are subject to frequent jokes or comments that are sexual in nature
- You are subject to frequent, inappropriate hugs, kisses, or other forms of physical contact
- You are the subject of rumors or gossip that is sexual in nature
- You are subject to sexist comments or jokes
Who Can Commit Sexual Harassment?
Your boss is not the only one who can commit sexual harassment. Anyone in your workplace can be a sexual harasser, even if they are not an employee. Again, the harasser does not need to be a person of the opposite sex for their conduct to qualify as sexual harassment. No matter the perpetrator, your employer has a legal responsibility to stop hostile work environments, meaning they must take action if you report misconduct.
For example, if a company client is sexually harassing you, you tell your boss about it, they do nothing, and the client continues to sexually harass you, you likely have a strong claim. It does not matter that the client is not technically an employee if you are being subject to sexual harassment in your workplace. If you are unsure whether you are being subject to a hostile work environment, our Washington, D.C. sexual harassment attorneys can assess your circumstances and advise whether you have a case.
Steps to Take If You Experience Workplace Sexual Harassment
Knowing what to do if you experience sexual harassment can strengthen your case and protect your rights. Key steps include:
- Document the harassment – Keep records of dates, times, locations, and any witnesses. Save emails, text messages, or other proof.
- Report the misconduct – Follow your company’s internal complaint process and report the harassment to HR or a supervisor.
- File a complaint with the EEOC – If your employer fails to act, you may need to file a complaint with the Equal Employment Opportunity Commission (EEOC).
- Consult an attorney – An experienced lawyer can guide you through the process, help protect you from retaliation, and pursue legal action if needed.
How Employers Should Handle Sexual Harassment Complaints
Employers have a legal obligation to provide a safe, harassment-free workplace. They should:
- Implement clear anti-harassment policies and provide training.
- Take all complaints seriously and conduct thorough investigations.
- Prevent retaliation against employees who report harassment.
- Take corrective action against harassers, including termination if necessary.
Failure to address sexual harassment properly may make an employer legally liable.
How Compensation Is Determined in Sexual Harassment Cases
Victims of workplace sexual harassment may be entitled to compensation for:
- Lost wages – If the harassment led to job loss or demotion.
- Emotional distress – Compensation for anxiety, depression, or PTSD caused by the harassment.
- Punitive damages – In cases of severe misconduct, the employer may be required to pay additional damages.
- Legal fees – Many cases include compensation for attorney fees and court costs.
Retaliation For Reporting Sexual Harassment
Retaliating against an employee for reporting sexual harassment is illegal, meaning you cannot be fired, demoted, given unfavorable work responsibilities, or otherwise treated adversely because you spoke out. Employers also cannot retaliate against employees for filing claims with government enforcement agencies. This does not mean your company will not act unlawfully, but you may have an additional claim if you suffer retaliation in addition to sexual harassment.
Frequently Asked Questions (FAQ)
Can men be victims of workplace sexual harassment?
- Yes. Sexual harassment is not limited to any gender—it can happen to men, women, and non-binary individuals. While most cases involve women as victims, men also face harassment, often feeling pressured to stay silent due to stigma. If you are experiencing harassment, you have the same legal rights and protections under federal and state laws.
What if the harassment happened outside of work but involved a co-worker?
- Sexual harassment does not always have to happen within the office. If a co-worker or supervisor harasses you during work-sponsored events, business trips, or even through messages outside of work, it may still be considered workplace harassment if it affects your work environment. Employers are responsible for preventing harassment that extends beyond the physical workplace.
Is joking or teasing considered sexual harassment?
- Not all jokes are considered harassment, but when teasing, comments, or jokes become repetitive, inappropriate, or make someone feel uncomfortable, it may create a hostile work environment. If the behavior is unwelcome and affects your ability to do your job, it could be considered sexual harassment, even if the offender claims they were "just joking."
Can I file a claim if I no longer work at the company?
- Yes. You can still take legal action even if you have resigned, been fired, or otherwise left the company. However, there are deadlines—known as statutes of limitations—for filing a claim, which vary by state. If you were forced to quit due to harassment (constructive dismissal), that could strengthen your case. It’s important to act quickly to preserve your rights.
What if my employer has an anti-harassment policy but still ignored my complaint?
- An anti-harassment policy alone does not protect an employer from liability. If your employer has a policy but fails to properly investigate, address, or prevent harassment, they can still be held legally responsible. Employers must take every complaint seriously and take corrective action to stop harassment in the workplace.
Can independent contractors file sexual harassment claims?
- Independent contractors are not always covered under traditional employment laws, but they may still have legal options under civil rights laws or contract law. In some cases, if the harassment occurred while working for a company, the employer could still be held responsible. Speaking with an attorney can help determine your legal options.
What should I do if I experience workplace discrimination?
- If you experience workplace discrimination, document the incidents, including dates, times, and any witnesses. Report the discrimination to your HR department or supervisor in writing to create a record of your complaint. If your employer fails to take action or retaliates against you, you may have legal grounds for a claim. At Pitre & Associates, LLC, we handle cases involving sex, race, age, disability, pregnancy, religion, sexual orientation, national origin discrimination, and retaliation. Our attorneys can guide you through the legal process and fight to protect your rights.
Experiencing Sexual Harassment? Call Now.
If you are a victim of sexual harassment and are looking to understand your rights, look no further than Pitre & Associates, LLC. After reviewing your situation and walking you through your options, our Washington, D.C. sexual harassment lawyers can help you file a complaint with the U.S. Equal Employment Opportunity Commission or your territory’s equivalent enforcement agency. Your satisfaction is important to us, and we will do everything possible to protect your interests. We are prepared to pursue all legal remedies and will fight to recover maximum compensation.
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