Generally, sexual harassment is a form of sex discrimination. It violates Title VII of the Civil Rights Act of 1964, which prohibits discrimination in the workplace on the basis of sex, race, color, national origin and religion.
Title VII applies to employers with 15 or more employees.
According to the Department of Labor, there are two forms of sexual harassment:
Quid pro quo: Involves an employment decision based on submission to the sexual harassment, such as promotion, assignment or keeping your job
Hostile work environment: Sexual harassment makes workplace hostile, intimidating, abusive or offensive
Are there state laws with more protections against sexual harassment in addition to Title VII?
Conduct is “based on the victim’s protected status”;
Subjectively abusive to person affected;
“Severe and pervasive” enough to create a work environment that a “reasonable person” would find hostile.
What factors are used to determine of harassment is “severe and pervasive” enough?
Frequency of unwelcome conduct;
Severity of conduct;
Whether conduct was physically threatening/humiliating or “mere offensive utterance”;
Where conduct “unreasonably” interfered with work performance;
Effect on employee’s psychological well-being;
Whether harasser was a superior at the organization.
From the Department of Labor:
Each factor is considered, but none are required or dispositive. Hostile work environment cases are often difficult to recognize, because the particular facts of each situation determine whether offensive conduct has crossed the line from “ordinary tribulations of the workplace, such as the sporadic use of abusive language . . . and occasional teasing,” to unlawful harassment.
However, the intent of the Department of Labor's Harassing Conduct Policy is to provide a process for addressing incidents of unwelcome conduct long before they become severe and pervasive enough to create a hostile work environment under the law.
Does the gender of the victim or harasser matter?
No. Both the victim and harasser can be either a woman or a man — or both can be the same sex.
Does the title of the harasser matter?
No. The harasser can be the victim’s supervisor, a supervisor in another department, a coworker, an employee of a separate employer, a client or a customer.
What about teasing?
According to the U.S. Equal Employment Opportunity Commission, the law doesn’t prohibit simple teasing, offhand comments or isolated incidents that are “not very serious.”
However, teasing becomes illegal when:
The behavior becomes frequent or severe;
The behavior creates a hostile or offensive work environment;
The behavior results in an adverse employment decision (victim is fired or demoted).
What if you weren’t directly harassed but you feel affected?
You do not have to be the victim of direct harassment to be affected by the offensive conduct. It is still considered sexual harassment, according to the EEOC.
What should you do if you experience sexual harassment?
Inform the harasser at once that the behavior is unwelcome, then directly use “any employer complaint mechanism or grievance system available.”
This may include reaching out to your direct manager or employer or talking to your company’s human resources department. Check your employee handbook for more information.
You may also want to continue keeping a record of the discriminatory activity and seek support from friends and family.
What if speaking out is too difficult?
“Some victims will never report abuse, and they have that right,” psychologist Nekeshia Hammond told NBC News. “It’s a case by case thing, and sometimes there’s a reason for staying silent — if you feel your safety is threatened, or if you’re literally on the verge of having an emotional breakdown and will be unable to function. But you need to reach out to someone.”
Hammond recommends calling the National Sexual Assault Hotline at 1-800-656-HOPE (4673), which includes free services and confidential support.
Can staying silent work against me, legally?
According to the Department of Labor, “the department cannot correct harassing conduct if a supervisor, manager or other Department official does not become aware of it.”
In fact, when an employee “unreasonably fails to report harassing conduct,” the department can use this as a defense against a suit for harassment.
Additionally, if you file a complaint with the EEOC, it’s recommended you do so within 180 days of the discriminatory activity.