Sexual Harassment

Sexual harassment can include such conduct as asking for sexual favors, sexual touching, or offensive language. However, not all sexual conduct in the workplace is illegal “sexual harassment.” Generally, the conduct must be so frequent or severe that it creates a hostile or offensive work environment or results in an adverse employment decision (such as firing or demotion). Although the line between legal and illegal conduct is often very obvious, that is not always the case. Many unique situations may arise in which an employee is not sure whether he or she has a sexual harassment lawsuit or not.

Examples of some questions you may ask include:

• Is a man able to sue for sexual harassment?
• Am I able to sue for sexual harassment if my harasser and I are the same sex?
• Can I sue for sexual harassment if I was not touched?
• Is staring considered sexual harassment?
• Does sniffing count as sexual harassment?
• Do offensive words count as sexual harassment?
• Can hugs at work count as sexual harassment?
• Does sexual harassment have to be sexual in nature?
• Can I sue my boss for sexual harassment by my co-worker?
• If my boss demotes me for refusing to have sex with him, can I sue?

Whether you were sexually harassed by a supervisor, a co-worker or another person, you will likely need to have some kind of evidence to prove it. If you feel you are being or have been sexually harassed, consider the following:

• Create a detailed written record with anything that may suggest sexual harassment, such as comments or conduct by your boss.
• Gather up all your performance and personnel records.
• Write down and record every time you are subjected to unwanted touching or comments, or anything else you suspect might seem like sexual harassment.
• Keep records of all your e-mails, texts, and other communications between you and your bosses or any other colleagues.

If you are unable to acquire this proof, do not be alarmed. There are other ways to prove sexual harassment, such as testimony from co-workers or other witnesses. If you fall into this category, make sure to contact the us as soon as possible so we can figure out how to prove your case!

Courts and government enforcement agencies divide sexual harassment into two broad categories: (1) quid pro quo sexual harassment and (2) hostile work environment sexual harassment.

1. Quid Pro Quo Sexual Harassment: Quid pro quo literally means “this for that” in Latin. This type of harassment typically occurs when a person who has the power to influence an employment decision or condition seeks a sexual favor in return for a positive employment outcome. Quid pro quo harassment occurs, for example, when a supervisor demands that an employee consent to some form of sexual encounter to receive a promotion, a raise, or to continue employment. It can involve either explicit or implicit conditioning of a job or promotion on the sexual encounter.
2. Hostile Work Environment Harassment: Hostile work environment harassment is usually more subtle and difficult to recognize than quid pro quo sexual harassment. Hostile work environment sexual harassment occurs when unwelcome sexual jokes, suggestive remarks, cartoons, physical interference with movement (such as blocking a person or following a person), sexually derogatory comments or other conduct based on sex unreasonably interferes with an employee’s work performance or creates an intimidating, hostile or offensive working environment.

While repeated instances of such conduct can be sufficient to show that the sexual harassment has occurred, even one instance of this conduct may be enough to show that a person is in a hostile work environment if it is pervasive enough.

However, the conduct must be “severe or pervasive” such that it alters the victim’s employment and creates an abusive working environment. Whether the conduct is “severe or pervasive” will come down to the conduct’s nature, frequency, severity, context and several other factors.