Sexual harassment is a pervasive problem in many areas of society, and the workplace is no exception. In 2017, about one quarter of the workplace harassment claims filed with the Equal Employment Opportunity Commission (EEOC) were for sexual harassment, according to the Institute for Women’s Policy Research.

Whether it’s unwanted advances, offensive remarks or physical contact, this type of misconduct can make individuals feel unsafe, uncomfortable and even powerless. It can also create a hostile work environment and have serious consequences for the victim’s mental and emotional well-being, as well as their professional opportunities.

Although this can be difficult, one thing that can help is knowledge. This article will empower you by explaining some of the most common forms of sexual harassment and how they manifest in the workplace. We’ll also address possible options for handling harassment at work.

What is sexual harassment?

Sexual harassment in the workplace is a form of harassment that involves unwanted or unwelcome sexual advances, requests for sexual favors or other conduct of a sexual nature. It makes the victim feel uncomfortable, intimidated or offended. 

Sexual harassment can be verbal, nonverbal or physical in nature. It can be perpetrated by anyone in the workplace, including managers, supervisors, co-workers and customers.

This type of harassment can occur between any combination of individuals, regardless of their gender or position within the workplace.

Sexual harassment in the workplace is not only illegal, it also violates an individual’s fundamental rights to a safe and respectful workplace. It can create a hostile work environment, damage an individual’s emotional and mental well-being and negatively impact their professional opportunities. 

Employers have a legal obligation to prevent and address sexual harassment in the workplace, and employees have the right to report it without fear of retaliation.

Quid pro quo sexual harassment

Quid pro quo sexual harassment is a form of harassment in the workplace that involves an exchange of sexual favors for job benefits or protections. It’s often perpetrated by a person in a position of power or authority, such as a supervisor or manager. 

In quid pro quo sexual harassment, the harasser makes it clear that the victim must comply with sexual advances or demands in order to receive job benefits or avoid negative consequences. 

This type of harassment is very common. Research conducted by the Worker Institute at Cornell University’s ILR School found that about 11% of people living in New York reported experiencing it throughout their careers. Compared to non-Hispanic whites, higher numbers of people of color and those of Hispanic origin reported being a victim of quid pro quo sexual harassment.

Below are a few examples of quid pro quo sexual harassment in the workplace. (This list isn’t exhaustive.)

• An employer promises an employee a raise or promotion in exchange for sexual favors.
• A manager threatens to fire an employee if they don’t comply with sexual demands.
• A supervisor pressures a subordinate to engage in a sexual relationship in exchange for favorable work assignments.
• An employer tells an employee that they must have sex with them to keep their job.
• A person in a position of power offers job security in exchange for sexual activity.

Under Title VII of the Civil Rights Act of 1964, quid pro quo sexual harassment is illegal. It can result in serious consequences for the harasser as well as the company employing the victim. 

Hostile work environment sexual harassment

Hostile work environment sexual harassment is a type of sexual harassment that involves behavior or actions that create an intimidating, offensive or hostile work environment. It interferes with the victim’s work performance or makes it difficult for them to do their job. 

This type of sexual harassment can be more subtle and pervasive than quid pro quo sexual harassment. It also can be committed by anyone in the workplace, regardless of their gender or position.

Hostile work environment sexual harassment can involve many types of offensive behavior, including but not limited to:

1. Verbal harassment, such as making inappropriate comments, telling sexual jokes or using sexual language. For example, a coworker repeatedly comments about a colleague’s appearance and uses sexual innuendos while talking to them, despite their clear discomfort and attempts to change the subject.
2. Physical harassment, such as unwanted touching, hugging, kissing or other physical contact. For example, a manager frequently touches their employees’ shoulders or hugs them without consent.
3. Visual harassment, including displaying sexually suggestive images, posters or other materials in the workplace. For example, an employee shares images of sexual nature with coworkers that make other employees uncomfortable.
4. Sexual advances, such as unwelcome advances, propositions or requests for sexual favors. For example, an employee asks a coworker out on a date repeatedly after they’ve said no.

5. Retaliation, including taking negative actions against an individual who has reported sexual harassment or refused sexual advances. For example, a manager denies an employee’s promotion or pay raise after that employee refused their advances or reported the harassment to the HR department.
6. Discrimination, which is treating someone unfairly or differently (such as denying them job opportunities or promotions) because of their sex or gender. For example, a manager routinely bypasses an employee for promotion opportunities, citing their gender as the reason for being passed over, and creates an environment where people of that gender feel like they aren’t valued as employees.
7. Intimidation, or using threatening or intimidating behavior to control or manipulate someone. For example, a supervisor repeatedly asks an employee out on a date despite their clear refusal and makes the employee feel uncomfortable at work. The employee is afraid to report the behavior for fear of retaliation.

What to do if you’re a victim of sexual harassment

If you’re a victim of sexual harassment in the workplace, you can take several steps to protect yourself and address the situation:

1. Document the harassment: Keep detailed records of all incidents of harassment, including the date, time and location of each incident. Also note any witnesses who may have seen or heard the behavior.
2. Report the harassment: Report the harassment to your employer or HR department as soon as possible. Follow your company’s policy for reporting sexual harassment and provide a detailed account of the behavior.
3. Seek support: Sexual harassment can be a traumatizing experience that can affect your mental and physical health. Talking to a trusted friend, family member or counselor about the harassment can help you cope and take action to address the situation.
4. Consider filing a complaint: If your employer doesn’t take action to address the harassment, you might want to file a complaint with the EEOC or the appropriate state agency.
5. Consult with an attorney: Consider consulting with an attorney who specializes in employment law to learn about your legal options and rights.

How do you prove harassment?

Proving sexual harassment can be challenging, but you can take action to help establish evidence of the harassment. Below are some ways to prove sexual harassment in the workplace:

1. Keep detailed records: Any time an incident of harassment occurs, document the date, time and location. If there are any witnesses who may have seen or heard the event, note that as well. This can provide evidence of a pattern of behavior and help support your claims.
2. Save any physical evidence: If you received any sexually explicit texts or emails, or if there were any physical objects involved in the harassment (such as a suggestive note or gift), save them as evidence.
3. Collect witness statements: If there were witnesses to the harassment, ask them if they would be willing to provide a written or verbal statement of what they saw or heard. This can help corroborate your account of the events.
4. Keep track of any changes in job status: If you experienced negative consequences—such as a demotion or termination—after reporting the harassment, this can provide evidence of retaliation.
5. Consult with an attorney: An experienced employment attorney can provide guidance on the legal requirements for proving sexual harassment and help you build a strong case.

When to talk to a lawyer

If you believe you’ve experienced sexual harassment in the workplace, consulting with an experienced employment attorney can help you understand your legal rights and options.

Some cases where you may want to consider speaking with an attorney include:

• Your employer hasn’t addressed the harassment: If you’ve reported the harassment to your employer or HR department, and they haven’t taken any action to address the situation, an attorney can help you understand your legal options.
• You’ve experienced retaliation: If you’ve been demoted, fired or otherwise retaliated against for reporting sexual harassment, an attorney can help you protect your rights.
• You’re considering filing a complaint: If you’re weighing filing a complaint with the EEOC or the appropriate state agency, an attorney can help you understand the process and provide guidance on how to present your case.
• You’ve suffered significant harm: If you’ve suffered significant emotional or mental harm as a result of the harassment, an attorney can help you seek compensation for your damages.

Sexual harassment can be a complex legal issue, and consulting with an experienced attorney can help you navigate the legal system and protect your rights.