What Can Be Considered Sexual Harassment at Work?

By Eugene Bruno on April 20, 2025

Sexual harassment in the workplace is a serious issue that impacts employees’ well-being, their ability to work, and the overall health of an organization. When left unaddressed, harassment can create a toxic environment where employees feel unsafe, unproductive, and emotionally drained.

Understanding Sexual Harassment in the Workplace

The Equal Employment Opportunity Commission (EEOC) defines sexual harassment as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.” Thus, sexual harassment in the workplace refers to any unwelcome or inappropriate behavior of a sexual nature that interferes with an employee’s ability to perform their job or creates a hostile work environment.

Sexual harassment can violate several employment laws, particularly Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on sex, gender, and sexual orientation. Further, it can take many forms, ranging from verbal abuse to physical acts of aggression, and may be perpetrated by colleagues, supervisors, or even clients. However, the two primary types of sexual harassment recognized in the workplace are quid pro quo and hostile work environment.

Quid pro quo harassment occurs when job benefits or opportunities—such as promotions, raises, or job security—are conditioned on sexual favors or advances. For example, a manager may promise a promotion in exchange for sexual favors. On the other hand, hostile work environment harassment involves inappropriate behavior that creates a work environment that is intimidating, offensive, or abusive. It can include unwelcome comments, physical touch, or visual displays that make an employee feel uncomfortable or threatened.

Employers are legally responsible for preventing and addressing sexual harassment in the workplace. In addition to federal protections under Title VII, some states have more robust laws. For example, California has the Fair Employment and Housing Act (FEHA), which offers broader protection against harassment.

Types of Sexual Harassment in the Workplace

Sexual harassment can manifest in various ways. The most common types include:

• Verbal harassment involves any inappropriate or unwanted verbal communication. This can include offensive jokes, comments about someone’s body or appearance, or unwelcome sexual advances during conversations. For example, making sexual comments about a colleague’s clothing, making suggestive jokes, or commenting on someone’s body in a manner that makes them uncomfortable.
• Physical harassment includes any form of unwanted physical contact, such as groping, unwanted touching, or any sexualized physical interaction. An example could be a handshake that lingers too long, brushing against someone inappropriately, or any forceful physical touch that is not welcomed.
• Visual harassment involves displaying sexually explicit images, videos, or materials in the workplace. Examples include showing pornographic material on office computers or hanging graphic images on the walls.
• Non-verbal sexual harassment can involve suggestive glances, gestures, or body language that conveys sexual intent. Examples include leering, winking, or making suggestive hand gestures that are unwelcome and inappropriate.
• Cyber harassment is a form of sexual harassment that has extended to online spaces with the increase in remote work and digital communication. This can include sending sexually explicit emails and messages or sharing inappropriate images over work platforms, such as company email or social media accounts.

When Does Behavior Cross the Line Into Harassment?

Unwelcome and Repeated Behavior

For behavior to be considered sexual harassment, it must be unwelcome and not reciprocated by the recipient. The frequency and severity of the conduct play a role in determining whether it crosses the line into harassment. Therefore, a single, isolated incident may not constitute harassment, but repeated or severe incidents can. However, individual circumstances matter—consult a San Diego sexual harassment lawyer to understand how the law applies to your specific situation.

Impact on the Victim

If the behavior creates a hostile work environment or interferes with the employee’s ability to perform their job, it may be considered harassment. Victims of sexual harassment often experience psychological and emotional distress, which can lead to anxiety, depression, or other mental health issues. Additionally, a toxic work environment can diminish morale and negatively affect productivity.

Power Dynamics in Sexual Harassment

Sexual harassment can be more complicated in situations where there is an imbalance of power, such as between a supervisor and a subordinate. In these cases, employees may feel unable to report harassment due to fear of retaliation or losing their job. For example, a manager who offers promotions or job benefits in exchange for sexual favors exploits their power over an employee.

Legal Protections Against Sexual Harassment at Work

Title VII of the Civil Rights Act of 1964

Title VII of the Civil Rights Act of 1964 is a critical law that protects employees from discrimination based on sex, including sexual harassment. It prohibits quid pro quo and hostile work environments. Under this law, employees have the right to work in an environment free from sexual harassment and retaliation.

State and Local Laws

In addition to federal protections, many states have laws that offer additional protections for employees. For example, California’s Fair Employment and Housing Act (FEHA) provides broader protections against harassment—including sexual harassment—and requires employers to take immediate and appropriate action when harassment is reported.

How to Address Sexual Harassment at Work

Step 1: Document the Harassment

The first step in addressing sexual harassment is to document the incidents thoroughly. Keep a record of dates, times, locations, individuals involved, and a description of the harassment. This documentation will be vital if you decide to report the harassment or file a complaint.

Step 2: Report the Incident Internally

If the harassment continues or is severe, report the behavior to your HR department or use your company’s designated reporting channels. Even if the behavior seems isolated, reporting it is important, as it can prevent future incidents.

Step 3: Seek Legal Counsel

If internal reporting doesn’t resolve the issue or the harassment continues, it may be necessary to seek legal counsel. An experienced employment attorney can guide you through the process of filing claims with the EEOC or relevant state agencies and help you understand your rights.

Understanding Sexual Harassment and Your Rights at Work

Sexual harassment is a severe issue that can affect the mental, emotional, and physical well-being of an employee. Understanding what constitutes harassment and knowing your legal rights are essential steps in addressing the problem. Remember that legal protections are in place to safeguard employees and ensure that the workplace remains a safe and respectful environment for everyone.

Talk to the San Diego Sexual Harassment Lawyers at Eugene Bruno & Associates

To understand your rights and take the necessary steps to protect yourself, you need a credible law firm with experience handling complex cases. At Eugene Bruno & Associates, we have a 99.7% success rate and recovering tens of millions for our clients. We’ve also earned a place in The National Trial Lawyers Top 100 and maintain a BBB Accredited Business rating of A.

With over 40 years of combined experience, our law firm is committed to delivering outstanding results. Call Eugene Bruno & Associates today at 1-888-BRUNO-88 (1-888-278-6688) and schedule your free consultation with one of our experienced San Diego employment law attorneys.