Sexual Harassment:
Definition & Comparison

Sexual harassment at work is any form of unwanted verbal, non-verbal, or physical conduct of a sexual nature that violates a person's dignity and creates an intimidating, hostile, degrading, humiliating, or offensive work environment. Under Title VII of the Civil Rights Act in the United States and EU Directive 2002/73/EC in Europe, workplace sexual harassment is illegal and encompasses two primary categories: quid pro quo harassment (when employment decisions are tied to sexual favors) and hostile work environment (when pervasive sexual conduct interferes with work performance).

Sexual harassment is primarily a gender equality issue that mainly affects women, though any person regardless of sex or sexual orientation can be a victim or perpetrator. A harasser can be a supervisor, co-worker, or even a third party not employed by the employer, such as a customer, client, vendor, or business partner.

Related terms: hostile work environment, quid pro quo harassment, Title VII, gender-based violence

Sexual harassment takes 2 primary legal forms under workplace law:

• Quid pro quo harassment occurs when a supervisor's request for sexual favors or other sexual conduct results in a tangible job action, such as "I'll give you the promotion if you sleep with me" or "I'll fire you unless you go out with me"
• Hostile work environment occurs when an employee is subjected to unwelcome physical or verbal conduct of a sexual nature that is so severe or pervasive as to alter the employee's working conditions or create an abusive work environment

Overt forms of sexual harassment include unwanted kissing, touching of breasts or genitals, butt slapping, rape, other forms of sexual assault, requests for sexual favors, sexually explicit comments, uninvited massages, sexually suggestive gestures, catcalls, ogling, or cornering someone in a tight space.

Subtle forms of sexual harassment have become increasingly common and include 9 key behaviors that courts have recognized as violations:

• Inappropriate staring or leering at an employee
• Indecent sexual jokes or offensive remarks about someone's body or private life
• Unsolicited physical contact such as close proximity, touching body parts, or unwanted kisses or hugs
• Inappropriate suggestions to go out on a date, even after the person has declined
• Inappropriate suggestions for sexual activity
• Inappropriate advances on social networking websites
• Inappropriate sexually explicit emails or text messages
• Exposure to sexually explicit images
• Threats with unpleasant consequences if they refuse sexual proposals or advances

To qualify as a hostile work environment, the conduct must be offensive not only to the employee but also to a reasonable person in the same circumstances. The behavior must happen often enough or be severe enough to make an employee uncomfortable, intimidated, or distracted enough to interfere with their work.

Any person, regardless of sex or sexual orientation, can be a victim of sexual harassment at work. While sexual harassment at work mainly affects women, with almost 1 in 3 women experiencing it in their lifetime and 18% facing it multiple times, men also experience workplace sexual harassment. Throughout the 11 EU Member States surveyed, results show a lower prevalence of sexual harassment among men compared to women.

Young women face a significantly higher risk of sexual harassment than other groups. Survey data reveals that the high prevalence among young women indicates that experiencing sexual harassment has become a part of their daily lives.

Same-sex harassment is also illegal, whether perpetrated by a male against a male or a female against a female. The harassment does not need to be motivated by sexual desire, it just needs to be based on the victim's gender.

A harasser can be 3 types of individuals in the workplace context:

• A supervisor or manager with authority over the victim
• A co-worker or colleague at the same organizational level
• A third party not employed by the employer, such as a customer, client, vendor, or business partner

Women experience sexual harassment mostly from men, with colleagues being the common offenders. Under Title VII, an employer has a responsibility to protect its employees from sexual harassment by outsiders as well. As long as the employer knows or should know that the harassment is occurring, it must take action to put a stop to it.

Sexist comments and actions can qualify as harassment even without being explicitly sexual in nature. Under Title VII, offensive conduct that is based on an employee's gender and severe or pervasive enough to create an abusive work environment is illegal.

A workplace can be considered hostile if women are told to be more "feminine" or live up to other gender stereotypes, are left out of important meetings, and have their work sabotaged by their male coworkers. These gender-based behaviors create an intimidating or offensive work environment that interferes with job performance.

Sexual harassment at work is significantly underreported despite its prevalence. According to a study by the federal Equal Employment Opportunity Commission (EEOC), around 75% of people who experience workplace harassment fail to bring it up with a manager, supervisor, or union representative. The primary reason for underreporting is that employees fear they will be retaliated against at work.

Yet 75% of women think that workplace sexual harassment is not common, indicating a disconnect between perception and reality. Across the EU, rates of sexual harassment women experience at work vary widely: from 55% in Sweden, 54% in Finland, 53% in Slovakia and go as low as 12% in Portugal and Bulgaria, and 11% in Latvia.

Sexual harassment at work increasingly happens behind closed doors, during business trips, and online through workplace communication tools. In fact, 7% of women who experience sexual harassment at work reported that it involved the use of online tools, including direct communication through workplace platforms and social media.

Sexual harassment at work is often compared to 3 related workplace concepts:

Sexual Harassment at Work vs. Gender Discrimination

Sexual harassment at work is a specific type of sex discrimination prohibited under Title VII. While gender discrimination broadly covers unequal treatment in hiring, pay, promotions, and other employment decisions based on sex, sexual harassment specifically involves unwanted verbal, non-verbal, or physical conduct of a sexual nature that creates a hostile or abusive work environment.

Sexual Harassment at Work vs. Workplace Bullying

Workplace bullying involves repeated mistreatment, intimidation, or abuse that creates a hostile work environment but may not be sexual in nature or based on protected characteristics. Sexual harassment at work is distinguished by its sexual nature and is specifically prohibited by law when it violates dignity and creates an intimidating, hostile, or offensive environment based on sex.

Sexual Harassment at Work vs. Gender-Based Violence

Gender-based violence is an umbrella term that encompasses sexual harassment plus other forms of violence and harm perpetrated based on gender, including domestic violence, sexual assault, stalking, and psychological abuse. Sexual harassment at work is a workplace-specific manifestation of gender-based violence that occurs in employment settings and is governed by employment discrimination laws.