• Question: What is sexual harassment?
  Answer: Sexual harassment is a form of sex discrimination, a violation of Title VII of the Civil Rights Act of 1964. The Equal Employment Opportunity Commissions's guidelines define two types of sexual harassment: quid pro quo and hostile environment.

• Question: What is quid pro quo sexual harassment?
  Answer: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute “quid pro quo” sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual.

• Question: What is hostile work environment sexual harassment?
  Answer: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute "hostile environment" sexual harassment when 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.

• Question: What factors determine whether an environment is "hostile"?
  Answer: The central inquiry is whether the conduct "unreasonably interfered with an individual's work performance" or created "an intimidating, hostile, or offensive working environment." The EEOC will look at the following factors to determine whether an environment is hostile: (1) whether the conduct was verbal or physical or both; (2) how frequently it was repeated; (3) whether the conduct was hostile or patently offensive; (4) whether the alleged harasser was a co worker or supervisor; (5) whether others joined in perpetrating the harassment; and (6) whether the harassment was directed at more than one individual. No one factor controls. An assessment is made based upon the totality of the circumstances.

• Question: What are some specific examples of behavior that could be considered sexual harassment?
  Answer: Direct or indirect threats or bribes for sexual activity, sexual innuendos and comments, sexually suggestive jokes, unwelcome touching or brushing against a person, pervasive displays of materials with sexually illicit or graphic content, and attempted or actual sexual assault are just some of the examples of sexual harassment.

• Question: Who can be a victim of sexual harassment?
  Answer: The victim may be either a woman or a man. The victim does not have to be of opposite different sex than the harasser. The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.

• Question: Can one incident constitute sexual harassment?
  Answer: It depends. In quid pro quo cases, a single sexual advance may constitute harassment if it is linked to the granting or denial of employment or employment benefits. In contrast, unless the conduct is quite severe, a single incident or isolated incidents of offensive sexual conduct or remarks generally do not create a hostile environment. A hostile environment claim usually requires a pattern of offensive conduct. Nevertheless, a single, unusually severe incident of harassment may be sufficient to constitute a Title VII violation; the more severe the harassment, the less need to show a repetitive series of incidents. This is particularly true when the harassment is physical. For example, the EEOC will presume that the unwelcome, intentional touching of a charging party's intimate body areas is sufficiently offensive to alter the condition of his or her working environment and constitute a hostile environment."

• Question: What can I do if I believe I have been sexually harassed at work?
  Answer: You should notify your employer or supervisor immediately. If your employer has a sexual harassment policy in place, follow it, and expect your employer to follow it as well. Put complaints in writing. Take notes on the harassment and be specific in your details — note the time and place of each incident, what was said and done, and who witnessed the actions. If your employer fails to take action, consult an attorney. Should you wish to gain more information or file a complaint, contact the EEOC. For more advice, review the section on Strategies for Victims. Act quickly; if you fail to act within a specific period of time, you may lose your ability to take legal action.

• Question: What happens if I have been punished for reporting sexual harassment?
  Answer: Under Title VII, retaliation for filing a complaint of sexual harassment or complying and participating in a sexual harassment investigation is illegal. Individuals who believe they have been retaliated against should contact the EEOC or an attorney immediately.

• Question: When are employers liable for sexual harassment?
  Answer: An employer can be liable for harassment by a supervisor if the harassment results in tangible employment action (firing, demotion, or unfavorable changes in assignment). An employer can also be liable for a supervisor creating a hostile work environment unless it can show that (1) the employer exercised reasonable care to prevent and promptly correct any harassment and (2) the employee unreasonably failed to take advantage of the company’s preventive measures. An employer may be liable for harassment by the victim’s co-worker if it knew or should have known about the harassment and failed to take immediate and appropriate corrective actions.

• Question: Can employers be held liable for nonemployees?
  Answer: Employers may be held liable for the conduct of independent contractors, customers, and other nonemployees if the employer knew, or should have known, of the harassing conduct and did not take immediate and appropriate action to stop the behavior.

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Misconceptions Concerning Sexual Harassment²

• Myth: Some people ask to be sexually harassed. They do this with how they dress or how they act. They send "signals."
  Reality: Being subjected to sexual harassment is a painful, difficult, and frequently traumatic experience. Defenses such as "she wore provocative clothes" and "he enjoyed it" are neither acceptable nor accurate.

• Myth: If people really wanted to discourage or stop sexual harassment, they could.
  Reality: Often, the harasser is in a position to punish the recipient by withholding a promotion, giving a bad evaluation, or giving a low grade. In this society, men are known to rationalize their actions by saying that a women's "no" is really a "yes."

• Myth: Most charges of sexual harassment are false.
  Reality: People have nothing to gain from making false accusations and filing false charges. It is very difficult to file sexual harassment charges, and the system can be very hostile to accusers. Confronting the issue can be both physically and financially draining. Usually, victims are traumatized further by the entire process.

• Myth: If you ignore sexually harassing behavior, it will eventually stop.
  Reality: In a recent survey, only 29 percent of the women who said they tried to ignore the behavior said that it "made things better." More than 61 percent of the women said that telling the harasser to stop was the most effective method.

• Myth: Only women are sexually harassed; this does not happen to men, and all sexual harassment perpetrators are male.
  Reality: While women continue to experience most sexual harassment, men do get harassed — by other men and by women. Currently, approximately 16 percent of EEOC claims involve men. Also, increasing numbers of women are being sexually harassed by other women.

• Myth: The seriousness of sexual harassment is exaggerated; most "harassment" is really minor and involves harmless flirtation.
  Reality: Sexual harassment can be devastating. Studies indicate that most harassment has nothing to do with flirtation or sincere sexual or social interest on the part of the perpetrators. And it is offensive, often frightening, and insulting to the victims. Research shows that victims must often leave school or jobs to avoid harassment. Many experience serious psychological and health-related problems. They may even be forced to relocate to other cities.

• Myth: We live in modern times, and sexual harassment is becoming less of a problem.
  Reality: Sexual harassment affects 40 percent to 60 percent of working women. Ten to 20 percent of men have experienced sexual harassment in the workplace. Approximately 15,000 sexual harassment cases are brought to the EEOC each year.

• Myth: Sexual harassment is inevitable when people are working together.
  Reality: While interactions between people may be inevitable, uninvited sexual overtures are not.

• Myth: A harasser has to have sexual intentions toward their target for the behavior to count as sexual harassment.
  Reality: Sexual harassment is a form of abuse, most commonly an abuse of power. Any unwanted sexual attention constitutes sexual harassment. The harasser's rationale does not change this fact.

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