Sexual harassment at work is not always obvious. Some conduct may cross the line even when it is not openly sexual or does not involve physical contact. Whether workplace conduct amounts to sexual harassment depends on the nature of the behavior, the circumstances and its effect on you.
A common example is when a supervisor or coworker makes unwanted sexual remarks, requests sexual favors or engages in conduct that makes the workplace intimidating or offensive. Quid pro quo sexual harassment, which involves conditioning a promotion, job assignment, raise or other employment benefit on agreeing to sexual demands, is also prevalent.
Workplace sexual harassment does not necessarily need to be “severe or pervasive” before it can support a claim. Even seemingly minor conduct may amount to sexual harassment or discrimination in the workplace, which is unlawful.
Your employer’s policy does not define your legal rights
The law requires employers to adopt a sexual harassment prevention policy and provide employees with annual training on preventing and addressing sexual harassment in the workplace. That said, having such a policy does not automatically protect an employer from liability for sexual harassment.
Most importantly, your employer cannot simply downplay or delay a complaint of sexual harassment because the conduct appears minor or because the person accused is a supervisor or senior employee. Once you report the conduct, your employer is legally obligated to treat the complaint seriously and respond appropriately.
If you believe you are being sexually harassed or discriminated against at your workplace, the law is on your side. Consider documenting what happened, including dates, locations, witnesses and any messages or other evidence. Seeking legal guidance can help you understand your options and protect your interests.