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ABA Family Legal Guide

Law and the Workplace

On the Job

Sexual Harassment

Is sexual harassment illegal?

Yes. The U.S. Supreme Court has held that Title VII's prohibition against sex discrimination includes sexual harassment as a type of illegal sex discrimination. Moreover some states, such as Illinois, Michigan, and North Dakota, have laws expressly prohibiting sexual harassment. Most other states interpret their laws prohibiting sex discrimination to include sexual harassment.

Side Bar - Examples of Sexual Harassment

Sexual harassment can take many forms. It can consist of vulgar or lewd comments, or forcing workers to wear sexually revealing uniforms. It can involve unwanted physical touching or fondling, or suggestions to engage in sexual conduct. Even obscene or sexually suggestive cartoons and posters can be sexual harassment. Occasional inappropriate touching, off-color jokes, or repeated sexual references can be sexual harassment. It depends on the circumstances. Courts consider the nature, severity, and frequency of the conduct, as well as the conditions under which the conduct occurred.

American Bar Association Family Legal Guide
Copyright © 2004 American Bar Association
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