What qualifies as sexual harassment at work?
Sexual harassment is a form of discrimination on the basis of sex, gender or sexual orientation that violates the Title VII of the Civil Rights Act of 1964. According to the Equal Employment Opportunity Commission (EEOC), sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, unwelcome touching, sexist or sexual remarks or jokes, and/or other verbal or physical conduct of sexual nature, that directly or indirectly affect the victim negatively at work. In order for the behavior to qualify as harassment, it should affect an individual’s employment, interfere with their work performance or ability to succeed, or create a hostile or intimidating work environment.
Sexual harassment in the workplace can occur with coworkers, supervisors, managers and non-employees such as clients, customers or vendors. Unlawful sexual harassment does not have to cause the victim to lose their job or suffer economic injury. The victim does not necessarily have to be the person being directly harassed but can be anyone who is affected negatively by the harassment. The harasser does not have to be the opposite sex as the victim, and can be woman or man.
Other examples of sexual harassment can include:
- Lewd, sexual or sexist posters or images in the workplace
- Lewd, sexual or sexist jokes or remarks
- Suggestive notes, letters or emails
- Unwelcome touchingInappropriate sexual gestures
- Whistling or staring in a sexually suggestive manner
- Sharing sexual stories, movies or images (such as pornography) with coworkers
- Making inappropriate comments or asking offensive questions about someone’s sexual orientation, gender identity or sexual history
Other Employment Law FAQs:
- According to the rules for overtime pay in California, how long do I have to file an overtime pay claim?
- Am I entitled to overtime pay?
- Are there any restrictions on what an employer can ask me during a job interview?
- Can employers assign work based on employees’ ages?
- Can I get fired for reporting sexual harassment to my employer?
- Can my employer ask about my age?
- Can my employer legitimately deduct anything from my paycheck?
- Can temps file discrimination lawsuits?
- Does an employer have to give me rest breaks?
- How and when do you file an unlawful retaliation lawsuit?
- How can I prove age discrimination in my workplace?
- How do I recognize on-the-job discrimination?
- How is illegal retaliation defined?
- How to Report Sexual Harassment at Work?
- I am scared to report sexual harassment because I fear that I will be retaliated against by my employer. What should I do?
- I was sick and had to take a leave of absence. When I came back to work, I was fired. Is it wrong for me to be fired?
- If my employer violated the terms in the employee handbook by firing me, can I hold him responsible?
- Is my employer responsible if I am sexually harassed at a company-sponsored event outside of working hours?
- My employer does not pay mileage reimbursement when I use my own car for company business. What is the California law on mileage reimbursement?
- My employer does not pay overtime pay. What is the California law on overtime pay? Am I supposed to receive overtime on my commission also?
- My employer yelled and cursed at me. Can I sue him or her for harassment?
- What are my rights regarding breaks and meal periods?
- What are the federal and state laws and regulations which provide legal protections for employees?
- What are the signs of age discrimination in the workplace?
- What are the time limits for filing a sexual harassment claim?
- What can I do if I see my co-worker being sexually harassed? Can I file a suit against it?
- What can I do if I was wrongfully terminated?
- What is age discrimination? What are some examples of age discrimination?
- What is an “at will” work state?
- What is overtime in California? Does an employer have to pay me overtime and how much should they pay me?
- What is the ADEA?
- What is the California law for vacation pay? My employer does not want to pay me for unused vacation pay when I quit or was terminated.
- What is the difference between sexual violence, sexual assault and sexual harassment?
- What proof of discrimination at work do I need to include in a discrimination complaint?
- What qualifies as discrimination?
- What qualifies as sexual harassment at work?
- What should I do if I was sexually harassed?