Sexual Harassment in the Workplace: What Are Your Rights?

Women being harass is holding a piece of paper with a writing of #METOO

However common, sexual harassment in the workplace is an unfortunate and illegal practice. Sexual harassment is classified as sex discrimination and it is expressly prohibited by Title VII of the Civil Rights Act of 1964. If you are experiencing sexual harassment at work, it’s important that you educate yourself on your rights and what actions you can take against it.

Here we will discuss what sexual harassment in the workplace is, examples of sexual harassment, how you are legally protected, and what you can do about it.

What Is Sexual Harassment in the Workplace?

Sexual harassment in the workplace is defined by the US Equal Opportunity Commission (EEOC) as, “Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment.”

The takeaway from this definition is that sexual harassment is any unwanted behavior that is sexual in nature. In the workplace, sexual harassment may take the form of directly sexual behaviors like touching. Sexual harassment also includes non-sexual behaviors that negatively generalize a person or group of people based on sex.

Federal law and state law protect employees from sexual harassment in the workplace. Some states have stricter sexual harassment laws. Investigate the laws for your state for more specific state law information on sexual harassment.

Examples of Sexual Harassment

Sexual harassment may come from non-verbal, physical, verbal, or visual behaviors. The following are examples of behaviors that qualify as sexual harassment in the workplace.

Non-Verbal Sexual Harassment

  • Hovering or following around
  • Sexual facial expressions
  • Sexual gestures
  • Staring

Physical Sexual Harassment

  • Assault
  • Blocking movement
  • Grabbing
  • Unwanted hugging
  • Unwanted kissing
  • Unwanted petting
  • Unwanted touching

Verbal Sexual Harassment

  • Requesting sexual acts
  • Sexual innuendos
  • Sexual jokes
  • Sexual threats
  • Unwanted comments about body
  • Unwelcome comments about gender

Visual Sexual Harassment

  • Sexual photos
  • Sexual videos
  • Sexual drawings
  • Sexual emails

Types of Sexual Harassment in the Workplace

Severe or Pervasive Cases

Sexual harassment in the workplace may be severe, pervasive, or both as defined by law.

Severe

Person traumatized and crying while having a black eye

Image by Anemone123 via Pixabay

Severe cases of sexual harassment are solitary incidents of extreme sexual harassment or sexual violence. Most times, courts will not permit sexual harassment cases for single incidents unless it is deemed severe.

Pervasive

Pervasive sexual harassment is ongoing. These incidents may be less severe but still damaging. Prolonged exposure to unwanted sexual behavior can negatively impact an individual and the workplace.

Quid Pro Quo

A quid pro quo sexual harassment incident is a singular event. Typically the quid pro quo sexual harassment comes from an authority figure. The authority figure might use their position of power to sexually harass an employee. In these cases, the employee might fear demotion or job loss.  

Hostile Work Environment

A hostile work environment is continuous or pervasive sexual harassment in the workplace. It is defined as unwanted and unwelcome sexual conduct or discrimination based on sex. Hostile work environments are sometimes severe, abusive, and long-lasting.  

Know Your Rights

Quiet woman covering nose and mouth

Image by Anemone123 via Pixabay

Sexual harassment in the workplace is against the law and you have rights. You have the right to work in an environment free from sexual harassment. Your employer is required to take “reasonable action” against any perpetrator of sexual harassment.

Retaliation

It is illegal for an employer to retaliate against you for filing a sexual harassment report. You, or other people who have witnessed and support your claims, legally cannot receive any punishment from your employer for taking action against sexual harassment.

Employer Responsibility

Both federal law and state law strictly prohibits sexual harassment in the workplace. Most employers with 15 or more employees are required to take action that will ensure employees are not subjected to sexual harassment in the workplace.

If the harasser is a supervisor, the employer is legally liable for the behavior. In order for an employer to be held liable for the harassment made by a co-worker, client, or another party, they must know about the sexual harassment claims. Submitting an official sexual harassment report in writing is sufficient notice of this claim.

File a Civil Lawsuit

If your employer fails to correct the situation and change the work environment, you may file a civil lawsuit against your employer. Read the Actions To Take Against Sexual Harassment section for more information before starting a civil lawsuit.

Potential Legal Remedies

A legal remedy is a court-ordered compensation to a victim for damages inflicted pertaining to the case. In sexual harassment cases, victims may be entitled to receive such compensation as:

  • Back-pay
  • Court costs
  • Compensatory damages (emotional ramifications of sexual harassment)
  • Hiring
  • Payment of legal fees
  • Promotion
  • Punitive damages
  •  Front-pay
  • Reinstatement

Actions to Take against Sexual Harassment

Woman thinking in reflection

Image by Anemone123 via Pixabay

Experiencing sexual harassment in the workplace is traumatic. Everyone deserves a safe workplace free of unwanted and inappropriate behaviors. There are specific actions to take if you are experiencing sexual harassment at work. These procedures cannot guarantee that the situation will change, but they can help you through the process.

Clearly Express Disinterest

Follow Your Company’s Protocol

Thoroughly Document Everything

Keep a Paper Trail

Report Sexual Harassment in Writing

Safeguard Your Notes

File a Complaint with the EEOC

Hire an Attorney

Conclusion

Knowing your rights for sexual harassment in the workplace is a solid first step to bettering your situation. If your employer does not take reasonable action with any expediency, you can move forward with a sexual harassment case.

Sexual harassment cases are among the more difficult cases to prove in a court of law. Meticulously documenting any incidents of sexual harassment and following your company’s protocol will help build your case. After you have taken the right steps against sexual harassment, seek legal counsel to move forward with the civil suit.

The most important thing to know about sexual harassment in the workplace is that it is not acceptable, it is not legal, and you do not have to tolerate it.

Featured Image: Image by Mihai Surdu from Pixabay

Leave a Reply

Your email address will not be published. Required fields are marked *