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ABA Family Legal Guide

Law and the Workplace

On the Job

Sexual Harassment

How is sexual harassment defined?

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 to or rejection of such conduct is used as the basis for employment decisions . . . or such conduct has the purpose or effect of . . . creating an intimidating, hostile or offensive working environment."

Thus, sexual harassment consists of two types of prohibited conduct:

  • quid pro quo--where submission to harassment is used as the basis for employment decisions; and
  • hostile environment--where harassment creates an offensive working environment.

    Sexual harassment is harassment of an individual because of his or her sex. Sometimes, this harassment is sexual in character, as in the case of sexual propositions, sexual groping, or lewd remarks. But sexual harassment can also occur when severe or pervasive harassing conduct, not necessarily sexual in nature, is targeted at a person because of his or her sex. In these kinds of cases, it can be more difficult to show that the harassing conduct is because of sex--that is, to show that the reason the victim is being singled out for the comments is because she is a woman.

    Both men and women can be victims of sexual harassment, and harassment because of sex (as distinguished from harassment because of sexual orientation) is illegal under federal law whether the harasser is the same sex or the opposite sex. Harassment on the basis of sexual orientation is not illegal under federal law, but is illegal under some state and local laws.

    An employee who is a victim of sexual harassment can file a claim with the EEOC. If the state in which the employee lives prohibits this type of harassment, the worker should also contact the proper state agency.

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