Key Takeaways

  • Sexual harassment includes both overt and subtle behaviors that create a hostile work environment, ranging from explicit comments and touching to unwanted flirting and discriminatory remarks.
  • Examples of sexual harassment in the workplace can be verbal, physical, visual, or digital, and may come from co-workers, supervisors, clients, or even job interviewers.
  • Non-sexual harassment can also occur, involving hostility based on protected characteristics such as race, religion, age, or disability.
  • Lesser-known examples include inappropriate text messages, repeated compliments that cross professional boundaries, or “quid pro quo” scenarios where job benefits are tied to sexual favors.
  • Recognizing early warning signs is critical for prevention, such as offhand sexual jokes, lingering unwanted stares, or comments about personal relationships.
  • Employees should know their rights under Title VII and Title IX, and that such conduct is unlawful when it creates an intimidating or offensive environment.

What Are Examples of Sexual Harassment?

Examples of sexual harassment include any unwelcome comments, demeanor, or actions regarding sex, gender, or sexual orientation. Sexual harassment in the workplace is a type of discrimination.

Recognizing Subtle Forms of Sexual Harassment

Not all sexual harassment is overt or violent. Some behaviors may seem minor at first but can still create a hostile environment when persistent or unwanted. For example:

  • Excessive personal compliments about appearance, clothing, or body parts that go beyond professional courtesy.
  • Unwanted flirting or invitations, particularly when rejected yet repeated.
  • Inappropriate workplace “humor”, including offhand jokes with sexual undertones.
  • Comments about personal relationships, such as questions about dating life or sexual history.

These behaviors may appear casual, but if they make someone feel uncomfortable or targeted, they qualify as sexual harassment.

Sexual vs. Non-Sexual Harassment

Sexual harassment is the type of harassment most commonly reported in company environments and interviews, but non-sexual harassment is also common.

Sexual Harassment

Sexual harassment is the repetitive unwanted attention of a sexual nature or recurring unwanted attention based on sex. Sexual harassment is not only an attack on personal self-respect, but it is punishable under Title VII and Title IX of the Civil Rights Act.

Sexual harassment can be spoken, bodily, or visual. It can happen to women, men, transgender, and nongender-conforming people, and it is not constrained by sexual orientation.

Non-Sexual Harassment

Non-sexual harassment includes persecution concerning religion, race, age, gender, or skin color that may negatively affect an employee's accomplishments or create a hostile work environment.

Examples of Sexual Harassment in the Workplace

Whether a manager, co-worker, or a non-employee such as a customer, service provider, or seller commits the offense, if the behavior generates an antagonistic work environment or disrupts an employee's achievements, it is considered unlawful sexual harassment.

Sexual harassment examples include:

  • Sharing sexually unsuitable images or videos, such as pornography, with other employees
  • Sending suggestive written correspondence, either traditionally or electronically
  • Continually asking a person out for social events like dates
  • Sharing vulgar jokes or sexual anecdotes
  • Making unsuitable sexual gestures or sounds such as sucking noises, winks, wolf calls, kissing noises, or pelvic thrusts
  • Gazing at a person in a sexually suggestive or distasteful manner, or whistling
  • Making sexual remarks about appearance or body parts
  • Trying to or actually kissing or fondling
  • Touching or eating food in a stimulating manner
  • Licking lips or teeth or blowing kisses
  • Non-stop babbling of a sexual nature
  • Sexual glances such as leering and ogling with distasteful overtones
  • Cornering or rough treatment of an employee
  • Attempted rape or rape
  • Stroking or massaging oneself sexually around another person
  • Practical jokes like exposing underwear or parts of the body
  • Unsuitable touching such as pinching, stroking, rubbing, or persistently brushing up against another person
  • Asking questions about a person's sexual past or their sexual orientation
  • Voicing offensive comments regarding a person's sexual orientation or gender identity
  • Taunting such as calling someone bitch, whore, or slut
  • Asking for sexual favors
  • Indirect proposals of sexual activities
  • Comments constantly aimed at only one sex, regardless if the content is not sexual
  • Persistent advances of a sexual nature which are rejected after the parties end a consensual connection
  • Remarks about a person's spouse or significant other
  • Pestering or stalking a person
  • Performing a neck/shoulder massage
  • Ranking a person's sexuality
  • Direct or roundabout threats or bribes for unwanted sexual relations
  • Scattering rumors about a person's sexuality

Quid Pro Quo Sexual Harassment

One of the most serious examples of sexual harassment in the workplace is quid pro quo harassment, where employment benefits are conditioned on sexual favors. This may include:

  • A supervisor suggesting a raise, promotion, or job security in exchange for a date or sexual activity.
  • Threatening demotion, poor reviews, or job loss if the employee refuses advances.
  • Offering better work assignments or hours based on compliance with sexual requests.

Quid pro quo harassment is illegal under federal law, regardless of whether the employee complies.

Examples of Non-Sexual Harassment in the Workplace

Non-sexual harassment in the workplace includes any remark, deed, or type of conduct that is frightening, rude, threatening, or prejudiced and disturbs the business environment.

Non-sexual harassment examples include:

  • Making racist or discriminatory comments
  • Distasteful gestures, drawings, or clothing
  • Physical or verbal bullying
  • Stating negative commentary about an employee's personal religious beliefs, or trying to change them to a specific religion
  • Using bigoted slang, expressions, or nicknames
  • Remarking on a person's skin color or other cultural traits
  • Exhibiting racist drawings or posters
  • Making disgusting motions or hand gestures
  • Insulting a person's mental or physical disability
  • Sharing unsuitable images, videos, e-mails, letters, or notes in an unpleasant way
  • Discussing harmful racial, ethnic, or religious stereotypes
  • Making insulting age-related remarks
  • Wearing garments that could offend a particular ethnic faction

Retaliation as a Form of Harassment

Retaliation is also a form of workplace harassment and often arises after an employee reports sexual or non-sexual harassment. Examples include:

  • Reducing hours or reassigning shifts after an employee complains.
  • Excluding someone from meetings, projects, or professional opportunities.
  • Negative performance reviews issued as punishment for filing a complaint.

Retaliation is prohibited by employment laws and can be just as damaging as the original harassment.

Job Interview Harassment

Employers are limited to what questions and inquiries they can make during the interview process. They are prohibited from asking questions regarding race, gender, religion, marital status, age, disabilities, ethnic background, country of origin, or sexual preferences.

Digital and Remote Workplace Harassment

In today’s digital environment, sexual harassment often extends beyond the physical office. Remote and hybrid workplaces create new risks, such as:

  • Sending inappropriate emails, text messages, or direct messages through workplace platforms.
  • Making suggestive comments or gestures during video calls.
  • Sharing offensive memes, images, or links in group chats.
  • Using technology to track, stalk, or monitor employees outside work hours.

These digital forms of harassment are equally unlawful and should be reported promptly.

Frequently Asked Questions

  1. What is considered sexual harassment at work?
    Sexual harassment includes unwelcome sexual advances, jokes, comments, physical contact, or any conduct of a sexual nature that creates a hostile or intimidating environment.
  2. Can sexual harassment happen outside the office?
    Yes. Harassment can occur during work-related events, job interviews, business trips, or online through work communication channels.
  3. What is the difference between sexual harassment and flirting?
    Flirting is mutual and welcome, while harassment is one-sided, unwelcome, and makes the recipient uncomfortable or threatened.
  4. What should I do if I experience harassment?
    Report the behavior to HR or a supervisor, document all incidents, and consider speaking with an employment attorney to understand your legal rights.
  5. Is retaliation after reporting harassment legal?
    No. Retaliation, such as demotion, exclusion, or poor performance reviews, is prohibited by federal and state employment laws.

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