The workplace is meant to be a space of professionalism, collaboration, and respect. Unfortunately, for people, the workplace can be a source of distress due to inappropriate or unwanted conduct. When this conduct crosses the line into sexual harassment, it can have lasting emotional, professional, and financial consequences on a person. By understanding what constitutes sexual harassment and the options available for addressing it, individuals can ensure they maintain safety and dignity while at work.

Defining Sexual Harassment in the Workplace

Sexual harassment generally refers to unwelcome behavior of a sexual nature that takes place in workplace settings. This behavior may have a direct impact on a person’s ability to maintain employment or affect their job performance. It can occur in any workplace setting, and it may involve anyone, including supervisors, coworkers, subordinates, clients, or even third parties who interact with employees.

Sexual harassment can take various forms, including verbal comments, physical advances, suggestive messages, or the display of explicit materials. It may involve a single incident or a pattern of ongoing behavior. While the conduct itself may vary, the key factor is that it is unwanted and creates an environment that undermines a person’s ability to work comfortably or safely.

Forms of Workplace Sexual Harassment

There are two primary forms of sexual harassment: quid pro quo sexual harassment and hostile work environment sexual harassment. Each type of harassment has distinct characteristics, but any unwanted and unwelcome sexual behavior can have damaging effects on a person that may affect their work and impact their personal life.

Quid Pro Quo Sexual Harassment

“Quid pro quo” is a Latin phrase meaning “this for that.” In this form of harassment, a supervisor, company officer, or senior employee who has authority over another person may offer benefits in exchange for sexual favors or withhold benefits unless someone agrees to their demands. They might promise raises, promotions, job security, or other benefits, or they may issue threats of demotion, poor evaluations, or termination if their requests are refused.

For example, if a supervisor suggests that an employee’s advancement depends on participating in a sexual relationship or providing sexual favors, this would constitute quid pro quo harassment. Directly tying workplace benefits or detriments to compliance with sexual demands is both unlawful and unethical.

Hostile Work Environment Sexual Harassment

In some cases, inappropriate sexual conduct may be severe or pervasive enough to create an intimidating or offensive atmosphere that affects an employee’s ability to perform their duties. Harassment may include repeated comments about someone’s appearance, unwanted physical contact, sexually explicit jokes, or the sharing of inappropriate images or messages. This form of sexual harassment may not directly affect a person’s job, but it can affect the overall conditions of employment.

A single incident can sometimes be severe enough to constitute a hostile work environment. However, more often, a hostile work environment will be related to repeated actions that make it difficult for an employee to perform job-related tasks or complete work effectively. 

The Impact of Sexual Harassment

Sexual harassment is a form of employment discrimination. The effects of workplace sexual harassment may include a combination of psychological, physical, and financial consequences that can last long after the harassment has stopped. Effects of sexual harassment may include:

Emotional and Psychological Consequences

People who experience sexual harassment may develop anxiety, depression, or other mental health issues. Feelings of humiliation, fear, or shame are common, and some people may struggle to trust colleagues or supervisors in the future. These emotional burdens can impact a person’s relationships outside of work, while also making it more challenging to maintain employment.

Professional and Financial Consequences

Sexual harassment can impact a person’s career trajectory. Some employees may leave their positions to escape the hostile environment, resulting in loss of income and benefits. Others may be unfairly denied promotions or professional development opportunities because they rejected or reported the harassing behavior. Over time, these setbacks can result in significant financial losses and limit a person’s career growth.

Addressing Sexual Harassment

People who experience sexual harassment have several options for addressing the situation. The approach may depend on the specific circumstances and the individual’s comfort level. By understanding their rights and their options, a person can determine what they can do to end harassment, address its effects, and prevent it from happening in the future.

Documentation

It is often helpful for an employee to document each incident of sexual harassment, noting the date, time, witnesses, and the nature of the behavior. Preserving emails, text messages, or other evidence can help to strengthen a complaint and establish a pattern of conduct. It can also provide proof of the effects of sexual harassment, which can help ensure that these issues are addressed correctly in a complaint or lawsuit.

Internal Reporting

Many companies have internal procedures for reporting harassment. A person may be able to notify a supervisor, human resources representative, or designated compliance officer. Filing an internal complaint can lead to an investigation. If the claim is substantiated, corrective action may be taken against the harasser.

External Reporting and Legal Action

If internal measures are ineffective, if a company does not take the appropriate actions to address sexual harassment, or if reports cannot be made to a superior because they are the perpetrator of sexual harassment, a complaint may be filed with a government agency that enforces workplace discrimination laws. 

The Equal Employment Opportunity Commission (EEOC) or state agencies regularly handle sexual harassment complaints. These organizations can investigate the claim and work to find solutions. If a complaint cannot be resolved, an agency may issue a right-to-sue letter, which will allow the employee to proceed with a lawsuit against the employer and/or the person who committed the sexual harassment.

Possible Outcomes of a Sexual Harassment Complaint

There are several steps that can be taken to address sexual harassment, and the specific remedies may depend on the severity of the conduct and its impact on the individual. These remedies can address both personal and systemic harms.

Remedies for the Victim

• Reinstatement or Job Restoration: An employee who left their job to escape sexual harassment or who was terminated after reporting harassment may be reinstated to their former position.
• Back Pay and Lost Benefits: Compensation may be paid to address the wages, bonuses, or benefits that a person lost due to sexual harassment or inappropriate disciplinary action for reporting harassment.
• Compensation for Emotional Trauma: A victim may receive financial compensation for the emotional distress, humiliation, or mental anguish they have experienced.
• Punitive Damages: In some cases, where the conduct of a person or employer was particularly egregious, additional damages may be awarded as a form of punishment.

Broader Workplace Changes

• Policy Updates: Employers may be required to revise their workplace policies to prevent harassment from affecting their employees in the future.
• Training Programs: A company may be required to implement employee and management training sessions to help people recognize and prevent sexual harassment.
• Monitoring and Reporting: Some organizations may be required to adopt new procedures to monitor compliance and ensure a safe environment for all employees.

Moving Forward After Experiencing Sexual Harassment

Recovering from sexual harassment can be a deeply personal process. Fortunately, victims have legal options, and they may be able to take steps to address the effects of sexual harassment while preventing it from affecting themselves or others in the future. An attorney who has experience representing sexual harassment victims can provide guidance on the available options, and they may be able to assist with filing reports or taking legal action against a harasser or an employer who protected them.

 

Disclaimer: The content in this article is provided for general knowledge and informational purposes only. It does not constitute legal advice, and the information contained herein should not be relied upon as such. Sexual harassment cases can vary greatly depending on individual circumstances and legal jurisdiction. Readers are strongly encouraged to seek guidance from qualified legal professionals for advice regarding particular cases or situations related to workplace harassment or discrimination.