Sexual harassment in the workplace can take many forms, and for many workers, it’s understandably not always easy to tell when unwanted conduct crosses the line into something that is legally actionable.
While uncomfortable or inappropriate behavior should always be taken seriously, not every rude or offhand remark rises to the level of sexual harassment under the law. Broadly speaking, sexual harassment becomes actionable when it violates Title VII of the Civil Rights Act of 1964 or the West Virginia Human Rights Act. There are generally two recognized types: quid pro quo and hostile work environment scenarios.
Grounds for a sexual harassment claim
Quid pro quo harassment occurs when a supervisor or someone in authority demands sexual favors in exchange for job benefits or threatens negative consequences if the worker who is being targeted refuses. This can include offers of promotions, raises, better shifts—or threats of demotion or termination—tied directly to the acceptance or rejection of sexual advances. Even one incident of quid pro quo harassment may be enough to support a legal claim.
Hostile work environment harassment is more complex. This occurs when unwanted sexual conduct is severe or pervasive enough to create an intimidating, hostile or otherwise offensive work environment. It can involve unwelcome comments, jokes, gestures, touching, emails, texts or displays of sexually explicit material. The key is that the conduct must be perceivable as both unwelcome and offensive to a reasonable person in the same situation.
Some signs that unwanted conduct may be legally actionable include:
- Repeated sexual jokes or comments that make you feel uncomfortable
- Unwanted touching, hugging, or other physical contact
- Requests for dates or sexual favors, especially after you’ve said no
- Sexually explicit messages, images, or conversations in person or electronically
- Retaliation after you reject or report inappropriate behavior
- A pattern of behavior that makes it difficult to do your job
If you are being targeted in these or similar ways and your concerns are ignored, or if the harasser is your supervisor, it’s time to seek more information about your rights and options under the law.