Sexual harassment has always been a problem in the workplace. However, employees are now reporting harassment more than ever before. Society is more open to reporting improper sexual conduct at work than in the past. Employees are told their employers won't tolerate such behavior at work.

Many employees have been subject to inappropriate sexual comments or jokes while on the job. They may even have been touched by a co-worker in a way that makes them feel uncomfortable. When does a comment or touch cross the line?

What Is Sexual Harassment, Exactly?

Sexual harassment has several legal definitions. Generally it's the unwelcome verbal, visual or physical conduct of a sexual nature that's severe or pervasive and affects working conditions or creates a hostile work environment. The Equal Employment Opportunity Commission (EEOC) defines sexual harassment as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:

• Submission is made either explicitly or implicitly a term or condition of employment, or
• An employee's submission to or rejection of the conduct is a basis for employment decisions, or
• Such conduct unreasonably interferes with work performance or creates an intimidating, hostile or offensive work environment.

Sexual harassment means conduct is unwelcome. If an employee agrees or consents, it's welcome and not harassment. Employers and courts need to look at situations as a whole in deciding whether an event was welcome or not.

Sexual harassment takes many forms. It can be verbal, nonverbal, written, visual or physical. There's no one exact way to be harassed.

Sexual Harassment Examples

The definition of sexual harassment is broad, covering a wide range of situations. Whether a certain interaction between employees is sexual harassment depends on the case. Examples include:

• Sexual jokes or stories
• Hugging or kissing
• Staring at someone
• Sexual gestures or signals
• Massages
• Whistling at someone
• Making sexual e-mails or phone calls
• Spreading rumors about someone's sex life
• Touching a person's body, hair or clothes
• Giving inappropriate gifts

Steps for the Victim

If you're facing sexual harassment at work, take certain steps to help stop it. The first step should be to clearly say "no" to sexual conduct; make it known it's unwelcome. Often, the employee committing the behavior stops immediately and apologizes.

Next, write down all the details of what happened, including date and time. Details are very quickly forgotten. Even if the other employee promised to never repeat the action, details should still be written down in case it does happen again.

Finally, the sexual harassment can be reported to a supervisor, the human resources department or someone else having authority to stop the harassment. Report it in writing. Keep a copy of the complaint in case it's necessary to later prove the employer knew about the problem.

Workplace Procedures

Employers normally have a process in place to review sexual harassment claims. If the employer fails to stop the sexual harassment, the employee can file a complaint with the EEOC. Every state also has a fair employment agency that'll accept sexual harassment complaints.

Questions for Your Attorney

• Does the employer have to keep a sexual harassment claim secret or can it tell people about the claim during its investigation?
• How much time does an employer have to investigate a claim? How far does it have to go?
• How much time does an employee have to make a sexual harassment claim? How long should I give my employer to do something?

Related Resources on Lawyers.com^sm

- Find a Sexual Harassment Lawyer in your area, and read about Selecting a Good Lawyer
- Access hundreds of Personal and Business Legal Forms that cover a range of legal needs, including Employment Forms
- Read Reporting Sexual Harassment to Your Employer, Dealing Informally with Sexual Harassment or access more Sexual Harassment articles and information
- Legal Dictionary
- Visit the Forums for discussions on Sexual Harassment topics

Related Web Links

- Employment Law in Your State
- Title VII of the Civil Rights Act of 1964
- US Equal Employment Opportunity Commission