Understanding Sexual Harassment: Your Rights and Legal Options in the Workplace

Sexual harassment remains one of the most serious and pervasive issues in modern workplaces, affecting millions of employees across all industries and job levels. Despite increased awareness and legal protections, many people still struggle to understand what constitutes sexual harassment from a legal standpoint and what options are available to victims.

The Legal Definition of Sexual Harassment

The US Equal Employment Opportunity Commission (EEOC) defines sexual harassment as unlawful conduct that includes “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. The EEOC further defines “harassment” as “unwelcome conduct that is based on race, color, religion, sex (including sexual orientation, gender identity, or pregnancy).” The key term is “unwelcome”—if you don’t reciprocate or welcome the comments, teasing, or implications and those comments or conduct focus on a protected class you belong to (such as your sex or gender), then harassment is happening in the workplace.

Sexual harassment is a form of sex discrimination that occurs under Title VII of the Civil Rights Act of 1964. Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex. Moreover, the harasser can be a supervisor, a co-worker or even someone who is not an employee, such as a client or customer.

Two Types of Sexual Harassment: Understanding the Differences

Legal experts recognize two distinct categories of sexual harassment, each with specific characteristics and legal implications.

Quid Pro Quo Sexual Harassment

Quid pro quo is a Latin phrase that means “this for that,” and implies there is an exchange taking place. Within the context of sexual harassment in the workplace, that exchange is often a career incentive for a sexual favor. Quid pro quo sexual harassment occurs when an individual’s submission to or rejection of sexual advances or conduct of a sexual nature is used as the basis for employment decisions affecting the individual or the individual’s submission to such conduct is made a term or condition of employment.

Key characteristics of quid pro quo harassment include:

• It always involves a supervisor or someone with authority over the employee
• The harassment includes an explicit or implied demand for sexual favors in exchange for workplace benefits or to avoid negative consequences
• A single sexual advance may constitute harassment if it is linked to the granting or denial of employment benefits

Common examples include:

• A manager saying you can have a promotion if you perform sexual favors
• A supervisor suggesting flirting could get you a raise
• A supervisor demoting an employee after they refuse to go on a date or engage in sexual activity
• Offering a raise, better work hours, a promotion, a favorable transfer, or workplace perks like cars and vacations

Hostile Work Environment

Hostile environment sexual harassment occurs when unwelcome sexual conduct unreasonably interferes with an individual’s job performance or creates a hostile, intimidating or offensive work environment even though the harassment may not result in tangible or economic job consequences. The harassment must be serious and pervasive—not just an isolated or occasional off-the-cuff remark—and make it nearly impossible for you to do your job.

Unlike quid pro quo harassment:

• Hostile work environment harassment perpetrators can be coworkers, managers, clients, or anyone the victim interacts with at work, not only supervisors
• Hostile work environment sexual harassment does not require that an employment benefit was at risk. It is not tied to threats or promises of job actions and may be found at all levels of jobs
• Frequently, hostile work environment harassment impacts multiple victims in a workplace

Examples of hostile work environment harassment include:

• Sexual comments, jokes, and requests; seductive or inappropriate letters, notes, emails; displaying sexually explicit images or objects
• Sexual pranks, or repeated sexual teasing, jokes, or innuendo, in person or via e-mail
• Invasion of personal space, inappropriate touching; sexually suggestive gestures or sounds; blocking one’s movement in a sexual way

Legal Protections and Your Rights

Retaliation occurs when an employer takes adverse action against an employee for engaging in legally protected activity, such as filing a complaint of sexual harassment or participating in a workplace investigation. It is illegal under federal law for employers to retaliate against employees who assert their rights to a fair and respectful workplace. Legal protections against retaliation are intended to ensure that employees feel safe coming forward with complaints without fear of losing their livelihoods.

If you experience sexual harassment, you have several legal options:

• Filing a complaint with the EEOC: As a first formal step, victims can file a charge with the EEOC, which will conduct an investigation and may take legal action if they find evidence of harassment
• Lawsuits: If the EEOC does not resolve the complaint, it will provide a “Notice of Right to Sue,” allowing the victim to initiate a private civil lawsuit against the employer
• Seeking compensatory and punitive damages: Victims may be entitled to compensation for any financial losses, emotional distress and other damages resulting from the harassment

When to Seek Legal Help

If you’re experiencing sexual harassment at work, it’s crucial to document incidents and seek legal counsel promptly. It’s always better to make the complaint in writing to make sure there is a “paper trail” of your report. If anyone in a managerial position, HR position, or other supervisory position tries to downplay your report, convince you not to report, or tries to hide your complaint from someone else, call an experienced sexual harassment attorney right away. If something doesn’t feel right, talk to a person who can help you navigate your rights in the workplace.

For those facing workplace sexual harassment in New York, consulting with an experienced sexual harrassment lawyer Manhattan, NY can provide the guidance and representation needed to protect your rights and seek justice. The Howley Law Firm, located in Manhattan, specializes in employment law and has extensive experience representing victims of workplace harassment and discrimination.

Conclusion

Understanding what constitutes sexual harassment is the first step in protecting yourself and others in the workplace. Whether you’re dealing with quid pro quo harassment or a hostile work environment, remember that you have legal rights and options. Seeking legal remedies not only has the potential to provide compensation and justice for the individual victim but also serves a broader societal function by reinforcing the serious consequences of violating anti-discrimination laws. Don’t suffer in silence—legal help is available to ensure your workplace is safe and respectful for everyone.