What Kinds of Behavior Could be Considered Sexual Harassment?

About Behaviors That Fall Under Sexual Harassment

According to the U.S. Equal Employment Opportunity Commission, sexual harassment includes unwelcome advances and requests for sexual favors. Sexual harassment also includes other types of verbal or physical harassment that are sexual in nature.

Sexual harassment falls under the act of harassment, which is illegal under the law. Harassment becomes illegal when it is so frequent or severe that it leads to negative consequences for the victim. Frequent or severe harassment creates a work environment that is hostile or offensive to the individual. It can also result in adverse employment decisions relating to the victim, such as employment termination or demotion.

The harasser can be the immediate supervisor of the victim, or anyone in the line of command, including a supervisor in another area. The harasser may also be a fellow employee, a client, or a customer.

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What is Sexual Harassment?

Sexual Harassment is behavior that creates unwelcomed sexual physical advances and inappropriate sexual remarks in the workplace or in public social areas.

The following describes environments of sexual harassment:

When submission to the sexual behaviors become an explicit or implicit term of employment, e.g. the victim will only get a raise if they submit to the request for sexual favors;
When the submission to the conduct becomes a basis for employment decisions;
When the sexual harassment has the purpose or the effect of interfering with the victim’s work performance;
When the sexual harassment has the purpose or the effect of creating a hostile, intimidating, or offensive environment.

What is Considered Sexual Harassment at Work?

The United Nations Women Watch further characterized sexual harassment to include certain types of behavior.

The following acts can be considered sexual harassment:

Actual or attempted rape or sexual assault
Pressure or insistence for sexual favors of any kind
Pressure or insistence for dates
Deliberate touching
Leaning over into personal space
Cornering in public areas, work stations, and other areas
Pinching
Forms of communication, such as letters or calls
Leading conversations into sexual topics
Asking or probing about sexual preferences, history or fantasies
Spreading rumors or fabricating lies about a person’s sex life
Neck or back massage
Touching the clothing, hair or body of an employee
Presenting personal gifts, especially of a sexual nature
Hugging or kissing
Patting or stroking
Sexually suggestive signals

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What is Unwelcome Behavior?

Unwelcome behavior is behavior by any peer, subordinate, or higher authority individual that is offensive or unwelcome. The critical word or condition is “unwelcome” behavior”. This type of behavior can include inappropriate remarks, jokes, behavior that discriminates, and can also include sexual conduct. Sexual harassment and unwelcome behavior can take the form of verbal assault or verbal practices and non-verbal behavior.

What are Examples of Verbal Harassment?

Using unwanted pet names such as babe or doll;
Whistling at someone;
Cat-calling;
Making sexual comments about a person’s body;
Making sexual comments or innuendos;
Telling sexual jokes or stories;
Making kissing sounds, howling, and smacking lips;
Making sexual comments about a person’s clothing, anatomy, or looks.

What is Non-Verbal Harassment?

Direct interaction or contact is not a necessary qualifier for sexual harassment. As long as the behavior results in a hostile or offensive environment for the individual, then that behavior can be considered a type of sexual harassment.

Non-verbal behavior would include:

Hanging around a person
Touching or rubbing oneself sexually
Looking a person up and down
Staring at someone
Lewd facial expressions
Making sexual gestures
Winking, throwing kisses, or licking lips

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