Understanding whether you are a victim of sexual harassment at work can sometimes be confusing, particularly if the signs are not explicit. However, everyone deserves a workplace where they feel safe and respected. It’s important to know what constitutes sexual harassment so that you can identify it and take necessary steps against such misconduct.
What is Workplace Sexual Harassment?
Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964 [1]. It typically involves unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that occurs in the workplace.
This behavior can disrupt an employee’s job performance and create an intimidating, hostile, or offensive work environment.
Sexual harassment can be divided into two main categories: quid pro quo harassment and hostile work environment harassment.
Quid Pro Quo Sexual Harassment
Quid pro quo [2] is a Latin phrase that translates to “something for something.” In the context of sexual harassment, it refers to situations when job benefits – such as promotions, salary increases, or keeping your job itself – hinge on surrendering to unwanted sexual advances.
This form of harassment involves someone who has power over you at work demanding sexual favors in return for professional gains, or threatening adverse employment action if you refuse.
This type of sexual harassment can be perpetrated by anyone in a position of power within the workplace. Examples of quid pro quo harassment might include:
- A boss promising a promotion or raise in exchange for sexual favors
- A supervisor threatening to fire an employee who refuses their advances for sexual activity
- The key aspect of quid pro quo harassment is that the harasser must have the power or authority to impact the victim’s employment or job conditions, and uses that power to pressure the victim into unwanted sexual relations. This means it typically can’t be a coworker.
Hostile Work Environment
Hostile work environment sexual harassment[3] refers to a situation where unwelcome and pervasive conduct of a sexual nature occurs in the workplace, making it difficult for you to carry out your job effectively.
In this context, “hostile” means that the misconduct is severe or widespread enough that it creates an intimidating or offensive place for you. One of the most common examples includes inappropriate or sexually offensive jokes, remarks, or gossip.
You might encounter sexual jokes that carry inappropriate and unwelcome undertones, which can contribute to an oppressive and lewd atmosphere. These could be verbal or circulated through emails, texts, or social media platforms.
Signs of Workplace Sexual Harassment
It’s important to understand that sexual harassment can be more subtle than blatant advances or comments. It’s crucial to recognize these under-the-radar signs as they’re equally unacceptable and damaging. Some of the most common subtle forms of harassment include the following:
Unwanted Personal Attention
This refers to any unwanted attention of a sexual nature, like invasive personal questions about your private life or relationships. Persistent compliments or comments about your physical appearance, sex life, clothing, body, or personal life can also be a sign of sexual harassment.
Unwanted Physical Contact
Unwanted touching is one of the most obvious indicators of harassing sexual behavior, but there are sometimes more subtle forms of touching that may seem more ambiguous. If someone touches you when it’s not necessary for the discussion or task at hand – and especially if they continue doing so after you’ve asked them to stop – this could very well be sexual harassment.
Displaying Offensive of Pornographic Materials
Another sign of possible sexual harassment lies in displaying offensive or pornographic material at a workstation. Even if these materials aren’t aimed explicitly towards anyone specific, their presence alone forms an uncomfortable and inappropriate situation.
Remember – what classifies as sexual harassment often comes down to how comfortable those actions make YOU feel. If something makes you uneasy, even slightly, don’t dismiss it just because “it may seem minor.”
What To Do If You’re Being Sexually Harassed at Work
If you are experiencing sexual harassment at work, it is vital to take immediate action. Remember, every individual has the right to a pleasant and safe workplace. Here are some important steps you can take[4]:
Speak With The Offending Party If You Feel SAFE Doing So
Initially, if you feel comfortable doing so, assertively communicate your discomfort directly to the offending party. Sometimes miscommunication can play a part in such incidents and confronting them might cause them to reconsider their actions.
Keep Notes of All Conduct
Make sure all accounts of behavioral misconduct are written down with as much detail as possible including times, places, who the perpetrator is, how you reacted, who was around, and anything else that you think would be important to keep track of.
Maintain Records
Also maintain copies of any associated written or digital communication that provides evidence or proof of the harassment. This could include emails, text messages, or voicemails.
Contact Human Resources
If you are being sexually harassed, informing your Human Resources (HR) department is a crucial step. Detail the incidents and provide them with any evidence you’ve collected. It’s HR’s obligation to investigate your claims and facilitate corrective measures.
Contact an Employment or Sexual Harassment Lawyer
However, if the situation doesn’t improve or if retaliation[5] occurs post-reporting, contacting a lawyer is crucial. A law firm specializing in employment law can guide you on your available legal options, whether that’s filing a complaint with the Equal Employment Opportunity Commission (EEOC) or proceeding with a lawsuit against your harasser and/or your employer.
Seek Professional Help
Dealing with sexual harassment can have significant emotional impact[6], so seeking professional help is strongly advisable. Therapists and counselors are trained to help you navigate through feelings that stem from this experience, which can be incredibly helpful[7] for survivors.
Joining support groups where others who faced similar situations share their own experiences could provide comfort as well, as this shows you that you’re not alone. You may be able to learn coping mechanisms and take steps to move forward.
Civil Remedies For Sexual Harassment at Work
Both federal and state laws prohibit sexual harassment in the workplace. In the United States, Title VII of the Civil Rights Act of 1964 is the primary federal law that bans employers from discriminating against employees on the basis of sex, which includes sexual harassment. Employers can be held legally responsible for sexual harassment committed by their employees if they ignore or fail to take appropriate actions to prevent it.
When victims of sexual harassment seek legal remedies, they may be awarded damages for:
- Back pay for lost wages in situations where an employee was terminated or forced to quit due to harassment.Monetary damages that compensate victims for out-of-pocket expenses or emotional distress as a result of sexual harassment.
- Punitive damages, which are awarded as a punishment to deter the defendant and others from similar conduct.
- Reinstating the employee to their position if they were terminated or forced to quit due to harassment.
- Court costs and legal fees can be awarded to the victim if they are successful in their claim.
- Negotiating an out-of-court settlement with help from a sexual harassment attorney adept in employment law is another possible route. This approach could offer quicker resolution than pursuing formal litigation.
Help is Always Available
Sexual harassment at the workplace constitutes an alarming issue that no one should tolerate. As such, understanding your rights, recognizing the signs of harassment, and being armed with knowledge about what steps to take in combating it becomes essential.
Remember that sexual harassment is never your fault; you bear zero responsibility for another’s inappropriate behavior – no matter what anyone else says[8]. Every worker has a fundamental right to safety and decency within their professional environment.
Always trust your instincts when something doesn’t feel right and remember there are resources available – both legal professionals like an employment lawyer or a sexual harassment lawyer as well as emotional support professionals, like therapists.
Rachael Goldstein is an accomplished legal copywriter and editor with a career arc that traces back to the courtroom. Starting her professional journey as a criminal defense attorney, she spent seven years as a public defender. Rachael then transitioned her career towards legal writing.
As a licensed attorney, she carries her vast legal expertise into her writing, offering a unique blend of practical experience, legal insight, and a strong command of language. Rachael’s primary mission is to demystify complex legal concepts for the everyday reader, making the law more accessible to those who need it most.
