When people hear the term “sexual harassment,” they likely think of inappropriate touching, suggestive comments or sexual advances. But sexual harassment doesn’t always have to involve explicit sexual behavior.
Therefore, you may not recognize sexual harassment when you see or experience it. It’s essential to understand that workplace harassment can be illegal even when it’s not “sexual” in the way many people assume.
What counts as sexual harassment?
Sexual harassment is considered a form of sex discrimination, which is prohibited under federal and state laws.
According to these laws, harassment becomes unlawful when:
- It’s based on sex, including gender, pregnancy, sexual orientation or gender identity
- It’s severe enough to create a hostile work environment
- It results in employment action, such as demotion, loss of pay or termination
Notably, the harassment does not have to involve sexual attraction.
Some employees hesitate to report same-sex harassment. However, if a male supervisor harasses a male employee or a female coworker targets another female in the workplace, it’s not a question of the genders involved. It’s unlawful if the conduct is based on sex and creates a hostile workplace.
Sexual harassment typically falls into two categories:
- Hostile work environment: Ongoing conduct, including jokes, comments, insults or intimidation, makes the workplace offensive
- Quid pro quo harassment: A supervisor bases job benefits (promotion or continued employment) on the employee submitting to certain conduct
Neither situation has to involve explicit sexual propositions to violate the law.
Many employees second-guess themselves or delay filing a sexual harassment complaint because the behavior “wasn’t that sexual.” But if the conduct is based on your sex or gender and it interferes with your ability to do your job, you may have legal protections. Speak with a legal professional to understand your options.