Sexual harassment in the workplace remains a critical issue that can impact employee morale, mental well-being, and overall workplace culture. There are many different ways in which sexual harassment can manifest in the workplace and it doesn’t always need to be overtly sexual in nature. Some ways may be obvious and direct which can cause a hostile work environment while other times an offender can be oblivious to the impact their behavior has on other people.
What is Sexual Harassment?
According to the Equal Employment Opportunity Commission (EEOC), sexual harassment is unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment.
Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual.
Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.
The conduct also needs to be severe or pervasive in order to be considered harassment. While the behavior doesn’t always need to be sexual in nature, it often is. However, there are incidents of sexual harassment where the harasser’s behavior can be outright offensive or off putting without indicating a desire for sexual interaction. An example of this would be a harasser making an offensive comment about a woman and her attire.
Common Examples of Sexual Harassment in the Workplace
1. Verbal Harassment
For example, inappropriate sexual jokes that make a co-worker uncomfortable can be sexual harassment. Additional forms of verbal sexual harassment can include:
Sexual comments about an employee's clothes, hair, complexion, or physique
Referring to an adult as a girl, stud, sugar, hunk, doll, babe, honey, or any other unprofessional term of endearment
Whistling or catcalling someone
Asking about sexual fantasies, preferences, or history
Making sexual comments or innuendos
Repeatedly asking an uninterested person out on a date
Turning work discussions into sexual topics
Telling sexual jokes or stories
Telling lies or spreading rumors about a person's personal sex life
Asking personal questions about social or sexual life
Making kissing sounds, howling, and smacking lips
Sharing explicit pictures or videos
2. Physical Harassment
Generally, any unwanted physical contact that makes a co-worker uncomfortable can potentially be considered sexual harassment. It's common knowledge that most professional settings have very few instances where physical contact with a co-worker is necessary. Handshakes, high fives, first-aid, or a light tap on the shoulder are fairly innocuous and difficult to consider sexual.
Unwanted Touching: Any unwanted physical contact, such as hugging, backrubs, pinching, patting, or brushing up against someone’s body, can be deemed harassment. This behavior often crosses the line, regardless of intent.
Obscene Gestures: Making sexually charged gestures, such as lewd hand signals or mimicking sexual acts, is inappropriate and can constitute harassment.
3. Digital Harassment
With the integration of digital communication into almost every aspect of our lives, we’ve seen a huge increase in sexual harassment and cyberbullying via digital communications.
Digital messaging: Sending flirtatious or explicit messages and images through text, email, social media, or workplace messaging platforms can also qualify as harassment when unsolicited.
Cyberstalking: Persistently sending unwanted messages or engaging in harassing behavior via digital channels, even after being asked to stop.
Cyber flashing: Sending unsolicited explicit images or videos to individuals without their consent, often via messaging apps or social media platforms.
Revenge-porn: Non-consensual sharing of intimate images, commonly referred to as revenge porn, involves the distribution of sexually explicit images or videos without the subject's consent. This can occur as a form of harassment, retaliation, or exploitation, and can have devastating consequences for the victim's privacy, reputation, and mental well-being.
4. Non-Verbal Harassment
Non-verbal gestures and behavior can cross the line of professional conduct into sexual harassment. Examples include:
Giving personal (intimate) gifts
Looking at a person up and down
Staring at someone
Blocking a person's path
Making facial expressions such as winking, throwing kisses, or licking lips
Following the person
Displaying sexually suggestive visuals
Making sexual gestures with hands or through body movements
Leaving someone notes with sexual messages or pictures
Removal of clothing in front of someone
Suggestively touching oneself
Why Recognizing Sexual Harassment Matters
For victims, understanding these examples is crucial in recognizing that they may not have to endure the behavior. Moreover, a well-informed workforce can help in creating a culture of respect and accountability. Employers in Pennsylvania are legally obligated to take all complaints seriously and investigate them thoroughly to maintain a safe workplace environment.
What Should You Do If You Experience or Witness Sexual Harassment?
If you feel uncomfortable or targeted by any of the behaviors described above, consider taking the following steps:
Tell the harasser to stop: If you do not feel safe or comfortable doing this, do your best to make it clear to the harasser that the offensive behavior is unwelcome.
Document the Incident: Keep a detailed record of dates, times, locations, what was said or done, and any witnesses or evidence. Do not delete digital messages that include proof of unwanted messages or images.
Record incidents: If it’s possible, make a digital recording of any offensive interactions while they are happening.
Report the Behavior: Follow your company’s harassment policy and report the incident to HR or a trusted supervisor. If you know someone in whom you can confide, share the information with them as well. It’s always good to have a witness.
Seek Medical or Mental Help: Seek assistance from a medical or mental health care professional if you have been physically or emotionally harmed by the harassment.
Seek Legal Counsel: Consult with a Fiffik Law Group attorney experienced in employment law if your employer fails to take appropriate action or if you feel further steps are necessary.
Sexual harassment has no place in the workplace, and understanding its various forms is vital for employees and employers alike. By recognizing these behaviors, we can foster a safe and respectful working environment. If you find yourself or someone you know dealing with workplace harassment, do not hesitate to contact Fiffik Law Group and know that you have the right to speak up.