Sexual Harassment – Legal Standards Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Title VII applies to employers with 15 or more employees. Sexual harassment can be unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that explicitly or implicitly affects an individual’s employment. These acts can also rise to the level of sexual harassment when they unreasonably interfere with an individual’s work performance or create a hostile or offensive work environment. This page will discuss the topic of sexual harassment and the relevant laws in greater detail. For more information on sex discrimination also see our sex discrimination page.   1. What is sexual harassment? Sexual harassment is a form of sex discrimination and violates Title VII of the Civil Rights Act of 1964 when it occurs in the workplace. EEOC guidelines define Title 7 sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: Submission to such conduct is a term or condition of an individual’s employment. The requirement may be stated outright or may be implicit, or implied. Submission to or rejection of the conduct is a basis for employment decisions Conduct of a sexual nature has the purpose or effect of unreasonably interfering with work performance Conduct of a sexual nature creates an intimidating, hostile, or offensive working environment. Unwelcome is the critical word. Unwelcome means unwanted. Sexual conduct is unwelcome whenever the person subjected to it considers it unwelcome. Anyone, male or female, can be a victim of sexual harassment. The victim and the harasser can be a woman or a man, and they can be the same sex. A man might harass another man, a woman might harass another woman. 2. What kinds of behavior could be considered sexual harassment? What constitutes sexual harassment can vary depending on the situation and people involved. Sexual harassment might include unwelcome sexual advances or requests for sexual favors.  Direct or indirect threats or bribes for sexual activity may be sexual harassment. Sexual innuendos and comments, or sexually suggestive jokes may be sexual harassment in some contexts. Unwelcome touching or brushing against a person, or displays of explicit material may be sexual harassment. Finally, attempted or completed sexual assault would be sexual harassment. 3. Which laws pertain to sexual harassment? Title VII of the Civil Rights Act of 1964 is a federal law that protects individuals from discrimination based upon sex. This law makes it illegal for an employer to discriminate against individuals in hiring, firing, and other terms and conditions of employment, like promotions, raises, and other job opportunities because of their sex. Courts have found that sexual harassment is a form of sex discrimination and therefore violates the laws against sex discrimination in the workplace. Sexual harassment as sex discrimination under Title VII is shown by proving that the harasser targeted one sex or displayed general hostility to one sex, without regard to which sex the harasser or victim are. Some states have laws that offer employees protection against sexual harassment beyond Title VII. For more information, check out your state’s relevant laws or contact an employment lawyer in your state. 4. Are there different types of sexual harassment claims? Yes, generally there are two types of sexual harassment claims: Quid pro quo sexual harassment: when employment decisions – like promotions, assignments, or keeping your job – are based on your willingness to submit to the sexual harassment. Unwelcome sexual advances, requests for sexual favors, or other conduct of a sexual nature is quid pro quo sexual harassment when: submission to such sexual conduct is  explicitly or implicitly a term or condition of employment or submission or rejection of the sexual conduct is the basis for employment decisions. Hostile work environment claims: when sexual harassment makes your workplace environment intimidating, hostile, or offensive. Unwelcome sexual advances, requests for sexual favors, and other verbal sexual conduct is hostile environment sexual harassment when: the conduct has the purpose or effect of unreasonably interfering with an employee’s work performance or the conduct creates an intimidating, hostile, or offensive working environment. Courts consider several factors to determine whether an environment is hostile, including: whether the conduct was verbal, physical, or both; how frequently it was repeated; whether the conduct was hostile or patently offensive; whether the alleged harasser was a co-worker or supervisor; whether others joined in perpetrating the harassment; and whether the harassment was directed at more than one individual 5. Who can be considered a harasser in the workplace? The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.  In fact, a victim of sexual harassment does not necessarily have to be the person directly being harassed; the victim could be an employee who is indirectly but negatively affected by the offensive conduct. 6. Can one incident of harassment or offensive behavior constitute sexual harassment? It depends. Quid pro quo cases may be considered sexual harassment when linked to the granting or denial of employment benefits. On the other hand, the conduct would have to be quite severe for a single incident or isolated incidents of offensive sexual conduct or remarks to rise to the level of a hostile environment. Hostile environment claims usually require proof of a pattern of offensive conduct. Nevertheless, a single and extremely severe incident of harassment may be sufficient to constitute a Title VII violation. A general rule of thumb is that the more severe the harassment is, the less likely it is that the victim will be required to show a repetitive series of incidents. This is especially true when the harassment is physical. 7. What is sexual violence in the workplace? Sexual violence is divided into three categories: use of physical force to compel a person to engage in a sexual act against … Continue reading Sexual Harassment – Legal Standards