by | Apr 21, 2022 | Workplace

What is Considered Workplace Sexual Harassment?

Workplace sexual harassment may seem uncommon in reality, however, it continues to be a real issue affecting many people every year. In 2020 alone, over 6,500 sexual harassment claims were filed. This was down from the previous year but it may have been impacted by the coronavirus pandemic. Usually, 75% of sexual harassment cases aren’t reported, making it much more prevalent that many believe. Workplace sexual harassment can be hard to determine and victimize those who are simply trying to do their jobs. 


What is Workplace Sexual Harassment? 

Workplace sexual harassment is any unwanted advance on a coworker. Typically, this is thought of to be an advance made by a male employee onto a female employee, however, it can go either way. Additionally, workplace sexual harassment does not have to be done by someone of the opposite sex. Workplace sexual harassment is a diverse topic and cannot be described simply. The two most common types of workplace sexual harassment instances are:

  • Quid pro quo harassment- This situation involves a supervisor or higher-up coercing one of the employees under them to perform sexual acts on them for job advancement. An example of this kind of harassment is a supervisor saying, “If you sleep with me, you will get the promotion.” 
  • Hostile environment- This occurs when an employee experiences unwelcome verbal or physical sexual advances by another employee. This could create a toxic work environment and bring about a lot of fear for the victim. 

There tends to be more proof when it comes to quid pro quo harassment while it is often hard to notice or address hostile work environment harassment because of its subtlety. When workplace sexual harassment isn’t so overt, it can be hard for outsiders to identify. Some common identifiers that may indicate workplace sexual harassment include:

  • Asking for sexual favors
  • Inappropriate or unwanted touching 
  • Unwelcome verbal sexual advances 
  • Experiencing sexual remarks
  • Sending sexual texts or emails to a coworker
  • Giving a coworker unwanted sexual gifts 
  • Discussing an employee’s sex life with them or talking about their own sex life with said employee 
  • The distribution of pornography 

Each state has their own determinates on what they consider workplace sexual harassment. For a full list of these individual instances, click here

How to Determine if You’ve Experienced Workplace Sexual Harassment

Typically, workplace sexual harassment will make a victim feel uncomfortable, fearful, and unwilling to interact with the rest of the workforce. To constitute workplace sexual harassment, the incident or action has to be considered inappropriate from an outside perspective. For example, a coworker saying that they like another coworker’s new haircut would likely not be seen as sexual harassment. Of course, if there is language in the comment that could be considered harassment, the opinion on that would change. Still, though it may cause an annoyed response, a comment like that probably wouldn’t be considered workplace sexual harassment.

If you have experienced one of the above-listed workplace sexual harassment issues or have experienced something not on the list but serious enough to cause discomfort to you, it is best to bring this up with your human resources department or go directly to your employer. 

What to do if You’ve Experienced Workplace Sexual Harassment

Going through an experience like this is likely to cause adverse feelings for the victim. Though this is happening, the victim needs to stand up against the treatment that they are experiencing. If you have experienced workplace sexual harassment, you may want to follow these steps:

  • Document the treatment- If possible, document any treatment that may be related to unwanted sexual workplace advancements. For example, if you were demoted for not performing a sexual act, document that demotion. Or, if you’ve been treated differently or in a hostile way for your gender, document those instances as well. 
  • Gather evidence- If you are receiving any physical notes or online interactions like emails or texts from your harasser, save them and keep them safe. 
  • Report the harassment with your employer- Before you can legally file a formal lawsuit, you will need to report the harassment to your work to allow your employer to rectify the situation. They will handle the situation from there. This doesn’t mean your harasser will be fired; the goal of the employer is to get the harassment to stop.  
  • File a complaint with the EEOC- If your employer doesn’t put an end to the harassment or the employee continues to harass you, you can report your issue to the Equal Employment Opportunity Commission or the EEOC. Depending on the state in which you are working, you will have from 180-300 days from the date of discrimination to officially file your complaint. 
  • Hire an attorney- If you plan on moving forward with a formal lawsuit against your harasser, find a great personal injury attorney who either specializes in or is skilled in workplace sexual harassment cases. They will be able to defend you better and procure evidence to help your case. 

Some people also choose to leave their positions after a workplace sexual harassment situation if their employer responds poorly or doesn’t respond at all. Removing yourself from a dangerous and uncomfortable situation is beneficial for your safety, especially if you have made the decision to sue your harasser. 

Contacting an Attorney

Contacting an attorney to help with your workplace sexual harassment case can greatly help your chances of winning. Oftentimes, these lawsuits can become what one person says against what another person says, and it can be difficult to prove fault. An experienced workplace sexual harassment attorney will understand the complexities of your case and know how to position it in order to give you the justice you deserve. 

If you have become a victim of workplace sexual harassment and need an experienced attorney to handle your case, contact The Eichholz Law Firm. Our expert attorneys will help you through every step of your case and fight tirelessly for you. 

More Posts

The Eichholz Law Firm Announces 2023 Scholarship Recipients

SAVANNAH, GA (June 26, 2023) – The Eichholz Law Firm is proud to announce the two recipients of its 2023 scholarship program: Sarah Maher and Jared Brown. Sarah Maher, a recent graduate of Savannah Arts Academy, received the 2023...

Attorney Brooke Fitzgerald Joins The Eichholz Law Firm

SAVANNAH, GA (May 18, 2023) — The Eichholz Law Firm is delighted to announce that attorney Brooke Fitzgerald has joined its growing team. An accomplished attorney and former prosecutor, Fitzgerald has spent her entire career fighting for...

Skip to content