Sexual harassment is defined as "unwelcomed sexual advances or conduct" and includes any kind of sexual behavior that is unwelcome and/or inappropriate for the workplace. Sexual harassment can be in the form of verbal abuse or harassment, which can be derogatory comments or dirty jokes; visual harassment; physical harassment; or sexual favors.
Sexual harassment also includes gender-based animosity and a sexually charged work environment. In the workplace, sexual harassment can come from the owner, supervisor, manager, lead person, foreperson, coworker, and/or customer.
Employees are protected under both state and federal laws against workplace sexual harassment. Federal law remedies for workplace discrimination are based upon Title VII of the Civil Rights Act of 1964 [FN1], which applies to employers with 15 or more employees. Similar state anti-discrimination laws usually protect people who work for smaller employers.
Under federal law, same-sex sexual harassment can support a claim against an employer. State laws may vary on the issue of same-sex harassment.
To bring an action for sexual harassment, the plaintiff must establish that:
- The plaintiff found the conduct to be hostile, abusive, or offensive; and
- A reasonable person in the position of the plaintiff would consider the conduct hostile, abusive, or offensive
