The #MeToo movement brought increased attention to the prevalence of sexual misconduct in the workplace and inspired many to come forward with their stories. However, confusion and misunderstandings remain about the various types of sexual misconduct. This is particularly true when it comes to the difference between sexual harassment and sexual assault.

This article will provide a clear explanation of sexual harassment, sexual assault and sexual abuse. We’ll discuss what you can do if you experience sexual misconduct in the workplace and when it may be appropriate to talk with a lawyer. With this knowledge, you’ll know how to recognize inappropriate and illegal actions, and how to protect yourself in the workplace.

What is sexual harassment?

Sexual harassment in the workplace refers to any unwanted sexual behavior that creates a hostile, intimidating or offensive work environment. This can include a range of behaviors, including but not limited to:

• Sexual comments or jokes: such as sexually explicit language, innuendos or comments about a person’s appearance, sexuality or sexual orientation. 
• Offensive comments about a person’s sex: such as harassing a woman by making offensive comments about women in general.
• Unwanted physical contact or sexual advances: such as unwelcome touching, groping, hugging or kissing, among others.
• Displaying sexually explicit materials: such as posting sexually explicit images or videos in the workplace or sharing them via email or other electronic means.
• Offering employment benefits in exchange for sexual favors: such as promises of promotion, pay increases or other benefits if someone performs sexual acts.
• Using the power dynamic to engage in sexual behavior: such as a supervisor or manager making sexual advances or requesting sexual behavior from an employee in a position of lower power.
• Making threats or using intimidation: such as threats of harm or job loss if an employee doesn’t comply with sexual requests.

Sexual harassment can be perpetrated by anyone in the workplace, including supervisors, coworkers, customers or clients. It can also take various forms, such as verbal, non-verbal or physical. The behavior may be persistent and unwanted, or it may be a single incident that has a lasting impact on the individual’s work environment. 

Sexual harassment can impact anyone, regardless of gender or sexual orientation. However, the National Women’s Law Center reports that women of color and individuals with disabilities are at a higher risk of experiencing sexual harassment and assault in the workplace. 

Keep in mind, not all sexually charged behavior constitutes sexual harassment. In order for behavior to qualify as sexual harassment, it must be so frequent or severe that it creates a hostile, intimidating or offensive work environment, or it results in an adverse employment decision such as firing or demoting an employee. 

What is sexual assault?

Sexual assault refers to any unwanted physical sexual contact or behavior, ranging from unwanted touching to rape. Below are some examples, though this list isn’t exhaustive:

• Unwanted touching: Unwelcome touching of a person’s body, such as someone’s breasts, buttocks or genitals.
• Forced sexual acts: Forcing someone to engage in sexual behavior or sexual acts (such as sexual intercourse or oral sex) against their will.
• Sexual assault with an object: Using an object to penetrate or sexually assault someone without their consent.
• Coerced sexual acts: Threatening or intimidating someone into engaging in sexual behavior, such as threatening to fire an employee if they don’t engage in the activity.
• Sexual assault of a person who is incapacitated: Sexual acts committed against someone who is under the influence of drugs or alcohol, or who is unconscious or otherwise unable to give consent.

Sexual harassment vs sexual assault

Sexual harassment and sexual assault are both serious forms of sexual misconduct. However, they differ in terms of severity and the nature of the behavior. 

Here are some key differences between sexual harassment and sexual assault in the workplace.

What is sexual abuse?

There’s no uniform legal definition that fully clarifies the scope of sexual abuse. Instead, the legal definition of sexual abuse and its relationship to sexual assault vary by state. Some but not all states categorize sexual abuse as a subset of sexual assault.

That said, sexual abuse typically involves unwanted sexually motivated acts that are intended to cause pain or discomfort to the victim. It can be contact or non-contact abuse. Sexual abuse in the workplace can take various forms, including but not limited to:

• Exploitation: Using a power dynamic to engage in sexual behavior. For example, a supervisor or manager making sexual advances or requesting sexual behavior from an employee in a position of lower power.
• Grooming: Building a relationship with a person in the workplace with the intention of sexually exploiting them. This can include flattering, complementing or buying gifts for an employee in order to manipulate them into engaging in sexual behavior.
• Exposure to pornography: Exposing an employee to sexual content against their will, such as by sharing or displaying explicit images or videos in the workplace.
• Unwanted sexual contact: Any physical sexual behavior that occurs without consent, ranging from unwanted touching to sexual assault.

What can I do if I experience sexual misconduct?

If you experience sexual misconduct in the workplace, there are several steps you can take to protect yourself and hold the perpetrator accountable. Here are some actions you may wish to consider:

1. Document the incident: Any time that misconduct occurs, record evidence of it as soon as possible. This can include writing down details of the incident and any witnesses, saving electronic communications related to the incident and taking pictures of any physical evidence.
2. Report the incident: Report what happened to your supervisor or HR department, following your company’s established reporting procedures. (These procedures can typically be found in your company’s employee handbook.)
3. Consider legal action: If the company fails to take appropriate action, if the misconduct continues or if the perpetrator is a supervisor or manager, you may need to report the incident to an external agency. This could be the Equal Employment Opportunity Commission (EEOC) or a state agency that handles workplace sexual harassment complaints.
4. Seek support: A qualified professional, such as a therapist or counselor, can help you deal with the emotional and psychological impact of sexual misconduct.

It can be difficult to come forward about sexual misconduct in the workplace. However, your safety and well-being are imperative. 

When to talk with a lawyer

If you’ve experienced sexual harassment or sexual assault in the workplace, you may want to consider speaking to a lawyer. This is particularly true if:

• You reported the incident to your employer or HR department, and they’ve failed to take appropriate action to address the misconduct.
• The sexual harassment or assault has had a significant impact on your physical, emotional and/or mental health, and you require medical attention or ongoing treatment.
• The sexual harassment or assault has resulted in a significant loss of income. (Such as if you were forced to leave your job as a result of the misconduct.)
• You believe that the perpetrator poses a continuing threat to you or others in the workplace, and you need legal protection.
• You have evidence of the sexual harassment or assault (such as witness statements, emails or other documentation) that you believe can support a legal claim.

Speaking with a lawyer can help you understand your legal rights and options, and can help you decide the best course of action to protect your interests. An experienced employment lawyer can help you navigate the legal system, file a complaint with the appropriate agency and seek compensation for any damages you’ve suffered as a result of the sexual misconduct.