Workplace sexual harassment cases are on the rise. Charges reported to the Equal Employment Opportunity Commission (EEOC) increased by nearly 40% from 2021 to 2023 and the resulting litigation is costing U.S. companies an average of $60 million per year, as reported by Littler Mendelson P.C, a law firm that specializes in labor and employment law.
The first step to minimizing the risks that come with the effects of sexual harassment in the workplace is by learning to recognize it. Here, weâll dive into specific workplace sexual harassment examples and offer advice on sexual harassment prevention.
Understanding Sex Discrimination and the Law
Workplace harassment is a form of discrimination that violates Title VII of the Civil Rights Act of 1964 (Title VII) which is enforced by the EEOC. Specifically, sexual harassment in the workplace is considered a form of illegal sex discrimination, and it falls into three categories:
- Unwanted sexual attention or conduct. This includes unwanted expression of sexual attraction or involves sexual activity; sexual attention or sexual coercion, such as demands or pressure for sexual favors; rape, sexual assault, or other acts of sexual violence; or discussing or displaying visual depictions of sex acts or sexual remarks.
- Gender harassment. Title VII also prohibits non-sexual conduct based on sex, such as sexual orientation discrimination, sexist comments, or facially sex-neutral offensive conduct motivated by sex, such as bullying directed toward employees of one sex.
- Harassment based on pregnancy. Harassment based on pregnancy, including childbirth or related medical conditions, are all illegal under Title VII as they are linked to a targeted individualâs sex. This can also include issues such as lactation; using or not using contraception; or deciding to have, or not to have, an abortion.
Examples of Sexual Harassment in the Workplace
Anyone of any sex, sexual orientation, or gender identity can become a victim of sexual harassment. Within these sample scenarios inspired by the EEOCâs enforcement guidance on workplace harassment and recently settled sexual harassment lawsuits, youâll find examples of the most common types of sexual harassment: physical, verbal, and non-verbal.
1) Sexualized jokes
The scenario: Lucy, a massage therapist, works for Jennifer, the owner of a well-known massage therapy practice. One day, Jennifer jokes that she only hires âhotâ women because she finds it attracts more male clients. She then proceeds to display dolls meant to inform medical treatments in sexual positions during meetings and jokes that itâs âinspiration.â
Why is this Sexual Harassment? Making sexualized gestures or inappropriate jokes, even when this behavior is not motivated by a desire to have sex with the victim, is classified as unwanted sexual conduct. Additionally, the demeaning categorization of all women in the workplace constitutes gender harassment, even if itâs played off as a joke.
2) Quid pro quo harassment
The scenario: Maressa recently started a new job as an executive assistant. Her boss, Ken, begins to make comments on her dresses saying they are âsexyâ and tells her he would like to âsee them outside of the office sometime.â After she refuses the sexual advances he threatens to fire her, then moves her to another department where she makes less money as retaliation.
Why is this Sexual Harassment? The comments Ken makes on Maressaâs appearance is classified as unwanted sexual attention. More seriously though, when a harasser uses their position of authority to pressure the victim into complying with sexual demands, it’s considered sexual coercion which is a more serious form of sex discrimination.
3) Physical touching or assault
The scenario: Dara, an ER nurse, works nights at a hospital. During a break, she tells the male doctor she is working with that sheâs going to get a snack from the cafeteria. He says heâd like to join her, and as they walk to the elevator, he begins making sexually suggestive comments, then he grabs her hand and begins kissing her without her consent.
Why is this Sexual Harassment? Groping, touching, rape, or any other form of physical sexual assault or violence is the most severe and punishable form of unwanted sexual attention or conduct.
4) Stereotyping on the basis of sex
The scenario: Claire is the only female executive at a large construction company. During meetings with her all-male colleagues, they consistently disparage womenâs participation in the construction industry, for example by stating that construction is âa manâs job.â They also tell her to âget back in the kitchenâ when she tries to insert her opinion.
Why is this Sexual Harassment? The EEOC identifies gender harassment as non-sexual conduct based on sex, which includes sexist comments such as these.
5) Sharing or displaying sex-related visuals
The scenario: Courtney is a computer programmer specializing in artificial intelligence (AI) software. In her research, she comes across AI-generated âdeep fakeâ pornographic images and videos of celebrities. She finds them funny so she prints them out and puts them up on her desks. On the photos of female celebrities, she also writes sex-based slurs beneath them.
Why is this Sexual Harassment? Writing a sex-based slur and sharing pornography or sexually demeaning depictions of people, including AI-generated conduct, is classified as unwanted sexual conduct. It is a form of non-verbal sexual harassment.
6) Discrimination based on pregnancy
The scenario: Kim, a dermatology assistant, recently announced to coworkers that she is pregnant. After Kimâs announcement, one of her supervisors, Renee, begins berating Kimâs work as slow, shoddy, and scatter-brained, and accuses Kim of focusing more on getting ready for her new baby than doing her job.
Why is this Sexual Harassment? This is harassing conduct based on the fact that someone is pregnant which qualifies as sex discrimination.
7) Receiving punishment for pregnancy-related conditions
The scenario: Luetta, a graphic designer at a marketing firm, is experiencing pregnancy-related morning sickness. Luettaâs employer permits her to telework up to three days per week to accommodate her symptoms. One day, during a team meeting to discuss staffing a new, high-priority portfolio, Luetta requests to be considered, but is denied by a senior coworker who scoffs that âif she is too sick to come into the office, she canât handle this project.â
Why is this Sexual Harassment? Morning sickness is a pregnancy-related medical condition, so in the case that an employee is being penalized or verbally harassed for experiencing it in any way qualifies as sex discrimination.
8) Sending sexually explicit photos
The scenario: Ricardo just began working as a dental hygienist. While eating lunch, a new female colleague, Jessica, jokes that she thinks he is cute. Ricardo informs her that he is married, but she replies, âWell, we will see for how long.â That night Jessica emails Ricardo a naked photograph of herself which he reports the next day to his manager.
Why is this Sexual Harassment? This is a combination of both verbal and non-verbal harassment which both constitute unwanted sexual attention.
How to Respond to Reports of Sexual Harassment
While the exact response to reports of sexual harassment will likely vary depending on the nature of the conduct and severity, itâs important to have a successful reporting system that holds employers accountable for taking the following actions:
- Act as soon as possible in providing timely responses and investigations.
- Provide a supportive environment where employees feel safe to express their views and do not experience retribution.
- Ensure that investigators are well-trained, objective, and neutral, especially where investigators are internal company employees.
- Protect the privacy of both the accuser and the accused to the greatest extent possible, consistent with legal obligations and investigations.
- Document all steps taken from the point of first contact, prepare a written report using guidelines to weigh credibility, and communicate the determination to all parties.
How EVERFI Helps Prevent Workplace Sexual Harassment
EVERFI’s online sexual harassment training teaches and trains employees on what they should do, rather than what they should not do, in order to contribute to a harassment-free culture. This essential tactic has been proven to make sexual harassment prevention training more effective. Learn more about our training by requesting a demo today.