Claims of sexual harassment in the workplace should never be taken lightly. For the victim, harassment can cause anxiety, depression and other mental and emotional distress.
Many people may be surprised that sexual harassment in the workplace can be considered a civil offense, or it may rise to the level of a crime. To help you better understand, first we’ll explain what sexual harassment is and how it might look in the workplace. Then we’ll expand into when sexual harassment rises to the level of a crime.
Additionally, we’ll offer guidance to those who’ve experienced sexual harassment in the workplace and those accused of sexual harassment, as well as provide tips for knowing when it may be time to seek legal assistance.
What is sexual harassment?
Sexual harassment in the workplace can take many forms and involve a range of behaviors, including:
- Unwanted physical contact
- Sexual advances or propositions
- Suggestive remarks
- Inappropriate touching
- Display of sexually explicit images or materials
- Making sexual comments or jokes
- Engaging in unwanted physical contact or attention
Sexual harassment can affect anyone, regardless of gender, and can occur between coworkers, between a supervisor and an employee, or between clients or customers and employees.
Sexual harassment is a type of discrimination that violates Title VII of the Civil Rights Act of 1964.
Examples of sexual harassment in the workplace
Below are some examples of this type of harassment, however, this list isn’t exhaustive.
- Verbal harassment: This can include comments about someone’s appearance, sexual innuendos or unwanted sexual jokes. For example, a co-worker constantly comments on another co-worker’s appearance, such as the clothes they wear.
- Physical harassment: This can include unwelcome touching, hugging or kissing. For example, a supervisor puts their hand on an employee’s lower back or shoulder in a suggestive or unwelcome manner, or hugs an employee in a way that makes them uncomfortable.
- Nonverbal harassment: This can include leering or staring in a sexual manner, making sexually suggestive gestures or displaying sexually explicit materials. For example, a co-worker repeatedly stares at another co-worker’s body parts.
- Sexual propositions: This can include requests for sexual favors or making job benefits or advancement dependent on sexual activity. For example, a supervisor suggests to an employee that they should go out on a date or have sexual activity in exchange for a promotion or job benefits.
- Sexual assault: This is any type of non-consensual sexual contact, such as unwanted kissing, touching or groping. For example, a co-worker touches another employee’s intimate areas without their consent or forces themselves on an employee in a sexual manner.
- Hostile work environment: This occurs when sexual harassment is so severe or pervasive that it creates a work environment that is intimidating, hostile or offensive to an employee. For example, a group of co-workers regularly makes sexually explicit comments and jokes, creating an environment that’s offensive to an employee.
- Adverse employment action: This is when an employee is subject to actions—such as denial of a pay raise, negative job performance review or termination—as a result of refusing a harasser’s sexual advancements.
When is sexual harassment a crime?
Sexual harassment is a broad term that covers many types of unwanted sexual behavior. Some types of sexual harassment are crimes. Other types may not be criminal acts but still violate your civil rights and are considered “unlawful”.
Before we delve into which types constitute a crime, let’s explore the difference between unlawful behavior and criminal behavior.
- Unlawful behavior refers to any behavior prohibited by law, regardless of whether it’s classified as a criminal or civil offense. In the employment context, this can include actions that violate a wide range of employment laws and regulations. Unlawful behavior can result in legal consequences, but those consequences may vary depending on the type of law violated.
- Criminal behavior is when there is motive, a means and an opportunity to commit an unlawful act. Such criminal behavior is punishable as a public offense. When criminal behavior is proven, it can result in a range of penalties, including fines or imprisonment.
With this in mind, in general, the following types of sexual harassment may not be considered crimes:
- Non-physical harassment, such as verbal harassment or unwanted comments or gestures
- Mild or isolated incidents
- Offensive but not illegal behavior, such as displaying sexually suggestive materials or making crude jokes
However, the specific laws regarding what types of sexual harassment are considered crimes vary depending on the jurisdiction. Different states may have different criminal laws and penalties for sexual harassment offenses. Additionally, an employer may have rules or codes of conduct that prohibit sexual harassment in the workplace, and if harassment is proven, have policies regarding the consequences for such actions.
If you experience any type of sexual harassment in the workplace, an experienced employment lawyer can help you understand your legal options.
What to do if you’re a victim of sexual harassment in the workplace
If you’re dealing with any type of workplace harassment, you can take action to protect yourself and your well-being. Below is some guidance on steps you can take to report the harassment, seek support and take legal action, if necessary.
If you’re the victim of criminal sexual harassment
If you’ve experienced sexual harassment in the workplace that may be criminal, the following steps can help you protect your rights and safety:
- Report the incident to your human resources representative. Many employers have an employee handbook that contains escalation procedures for workplace harassment. Review the policy for reporting harassment and follow the steps to quickly report an incident. If your employer doesn’t have a policy for reporting harassment, contact your human resources representative. If you don’t have an HR representative and aren’t comfortable talking with your manager, you may consider contacting an experienced employment law attorney.
- Submit to your company’s resolution process (if there is one). Follow the steps and cooperate with any investigation.
- Report the incident to the police as soon as possible. Ask your employer to contact the police to report the incident. If your employer refuses to call the police, call and report the incident yourself.
- Seek medical attention and counseling if needed. You may have physical or emotional injuries that need to be treated. You can also get support from a rape crisis center or a sexual assault hotline.
- Document everything that happened. When you document, include the date, time, place, details, witnesses and any evidence of the incident. Keep copies of any emails, texts or other communications related to the harassment.
- Talk to someone you trust, such as a friend, family member or coworker. You don’t have to go through this alone. You can also seek legal advice from an experienced employment lawyer.
- Approach the Equal Employment Opportunity Commission (EEOC) or state fair employment practices agencies (FEPA) if your company doesn’t resolve your complaint satisfactorily. The EEOC is a federal agency that enforces laws against discrimination and harassment in the workplace.
- Consider taking legal action. If you don’t receive a thorough investigation and favorable outcome after reporting the harassment to your employer, you may consider suing your employer for compensation for damages such as lost wages, emotional distress and medical expenses, and punitive damages. The specific requirements for filing a lawsuit vary depending on the state where you work and the agency you filed your complaint with. An experienced employment lawyer can help provide guidance.
If you’re the victim of sexual harassment in the workplace that may not be considered criminal
If you’ve experienced sexual harassment in the workplace that may be considered unlawful but doesn’t fall under the category of “criminal”, you can still take action to protect yourself.
- Document everything. Keep detailed records of incidents of sexual harassment in the workplace, including the date, time, location, details of what was said or done, names of any witnesses, emotional and physical impact and physical evidence, if possible. This can provide evidence and support your claim if you decide to take legal action or file a complaint with your company. Keep copies of everything for yourself.
- Confront your harasser. If you feel comfortable and safe doing so, consider addressing offensive or harassing behavior directly by telling the person to stop. However, prioritize your safety and well-being, and avoid any conversation that could escalate the situation or put you at risk.
- Report the harassment to your company. Always report all incidents of sexual harassment in the workplace to your employer in writing as soon as possible. Follow their specific protocol for reporting, and provide as much detail as possible, including the date, time, location, any witnesses and any relevant documentation.
- If applicable, report the harassment to your union. If you’re a member of a union, consider reporting the harassment to your union representative. They can offer support and guidance throughout the process, advocate on your behalf to protect your rights and help you understand your options.
- File a complaint with a government agency. If you’re unsatisfied with your company’s response to a sexual harassment report or feel uncomfortable reporting the harassment to your company, consider filing a complaint with a government agency such as the EEOC or state fair employment practices agencies (FEPA).
- Talk with a lawyer. An attorney can help you understand your rights, navigate the process of filing a complaint with a government agency or your employer, provide guidance on documenting incidents of harassment and help you pursue legal action.
What to do if you’re accused of sexual harassment in the workplace
If you’re accused of sexual harassment in the workplace, here are some steps you can take:
- Take the accusation seriously. Sexual harassment is a serious matter, and you should take any accusation against you seriously.
- Seek legal advice. Contact an experienced employment lawyer to discuss your options. They can help you understand your legal rights and guide you through the legal process.
- Cooperate with the investigation. Your employer may conduct an investigation into the accusation. Cooperate fully and provide any information requested of you.
- Maintain professionalism. Maintain a professional demeanor throughout the investigation and avoid any behavior that could be perceived as retaliation.
- Don’t discuss the accusation with colleagues. Keep the accusation confidential and don’t discuss it with others not involved in the investigation.
- Review and adhere to company policies: If you’re unsure about any company policies, seek clarification from your employer or HR representative.
When to talk with a lawyer
It may be appropriate to speak with a lawyer in situation such as the following:
- You’ve been the victim of sexual harassment in the workplace and your employer hasn’t taken appropriate action to address the situation.
- You’ve been accused of sexual harassment in the workplace and need legal advice on how to proceed.
- You’ve filed a complaint with a government agency such as the EEOC or FEPA and need guidance on your legal rights and options.
- You’re considering filing a lawsuit against your employer for sexual harassment.
- You’re in the process of negotiating a settlement with your employer regarding a sexual harassment complaint.
- You have questions about your company’s policies on sexual harassment and need guidance on how to navigate the process.
An experienced employment lawyer will help you understand your legal rights and all of your options while guiding you through the process and ensuring your rights are protected.
Sofie is a writer. She lives in Brooklyn.
