Sexual Harassment Defined
Sexual harassment includes UNWELCOME sexual advances, request for sexual favors, or other verbal/physical harassment based on sex.
Sexual harassment has several forms, including:
Verbal sexual harassment includes sexual comments, jokes, or advances.
Physical sexual harassment includes unwanted touching, hugging, kissing, grabbing or other sexual contact.
Non-verbal sexual harassment includes sexual gestures, showing inappropriate workplace posters or pictures, or suggestive looks.
Sexual harassment can be:
SEVERE
like unwanted physical touching or grabbing.
OR
PERVASIVE
the conduct happens all the time, like constant jokes or comments of a sexual nature.
There are two main types of Sexual Harassment:
Quid Pro Quo sexual harassment occurs when an employee is asked for sexual favors in exchange for job benefits.
- Examples include offering a raise or promotion in exchange for going on a date with a manager, or threatening to withhold a raise or job benefit if you refuse to go on a date with a manager.
Hostile Work Environment sexual harassment occurs when unwelcomed behavior makes you feel uncomfortable, intimidated, or unable to work.
- Examples include constantly joking about sex in the workplace, showing pictures of a sexual nature, or asking you about your sexual experiences in the workplace.
Unlawful Retaliation
Because sexual harassment is against the law, employees should feel empowered to report any such unlawful behavior to their managers and supervisors without fear of retaliation.
- If an employee complains about sexual harassment, they can’t be fired, demoted or treated unfairly in the workplace.
- An employee who is a victim of sexual harassment cannot be retaliated against by their employer.
- Other examples of unlawful retaliation include:
- Changing someone’s work schedule because they complained about sexual harassment.
- Firing someone because they participated in a sexual harassment investigation in the workplace.
Ways to Address Sexual Harassment in the Workplace
- It’s every employee’s RIGHT to work in a safe and respectful workplace.
- It’s also every employee’s RESPONSIBILITY to treat others with the same respect so that they can be productive at work.
- Employees can be workplace leaders by speaking out against sexual harassment if they
experience or witness it. Specifically, employees should:
- Confront the harasser if they feel comfortable by telling them that the workplace is not the place to talk about sex.
- Report the harassment to their supervisor, HR department, or any designated person that they trust in a position of authority.
- Document by recording details of what happened, when it happened, and who was involved,
along with any possible witnesses who also saw the harassment.
- The report should be treated confidentially, with no retaliation!
- Talk to someone trusted (parent, advisor, etc.) for support.
How Employees Can Create a Healthy Workplace for Themself and Others
- Treat others with respect by avoiding discussions of sex in the workplace, including jokes, gestures, sharing pictures of a sexual nature, and talking or asking others about sex.
- Speak up if the employee sees something wrong and report it immediately. Reporting harassment protects not just the employee, but coworkers as well.
- If an employer offers sexual harassment training, take it seriously and follow the law.
- Stay informed by understanding an employer’s workplace polices about sexual harassment and what to do if encountered.
Understanding Legal Protections Against Workplace Harassment
Workplace harassment is not just an ethical concern—it’s a legal one. Employees have the right to a safe and respectful work environment, free from discrimination and harassment. Both federal and state laws provide critical protections to ensure that workers are treated fairly and employers are held accountable for maintaining professional and inclusive workplaces.
Please check your state, organization, or institution
Title VII of the Civil Rights Act is a federal law that prohibits discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), and national origin. Enforced by the Equal Employment Opportunity Commission (EEOC), this law applies to most employers and sets the foundation for workplace protections against harassment and discrimination.
Employer Liability under Title VII holds businesses accountable if they fail to take appropriate measures to prevent and address workplace harassment. Employers may be found negligent if they lack clear anti-harassment policies, fail to provide proper training, or do not thoroughly investigate complaints. Such negligence can lead to serious legal consequences.
Pennsylvania Human Relations Act (PHRA) extends anti-discrimination protections beyond federal law by covering employers with as few as four employees, making it more inclusive than Title VII. This ensures that a larger portion of the workforce is protected against sexual harassment and discrimination, reinforcing the importance of compliance at both state and federal levels.