All employees deserve to feel safe and respected at work, regardless of sex or gender. Unfortunately, workplace sexual harassment is far from a thing of the past. Sexual harassment today often appears in more subtle forms that employees may not immediately recognize.
This blog post will teach employees the basics of recognizing signs of sexual harassment at work. We will explain what makes harassment illegal and discuss some common and not-so-common sexual harassment signs in the workplace.
Understanding Sexual Harassment
Generally, sexual harassment is any unwelcome sexual conduct or behavior that impacts your job performance or environment. Under US law, sexual harassment in the workplace is an illegal form of sex-based employment discrimination.
Harassment based on sex includes unwelcome advances and verbal or physical harassment of a sexual nature. It also includes inappropriate behavior that may not be explicitly sexual or motivated by sexual desire. For example, abusing someone specifically because of their gender can also fall under illegal sex-based harassment.
The law groups sexual harassment into the following two categories:
- Quid pro quo sexual harassment. This happens when a superior requests sexual favors in exchange for a job benefit, such as promotion, higher pay, or continued employment. Quid pro quo harassment also happens when your superior threatens you with demotion, firing, or other punishment if you do not engage in sexual conduct.
- Hostile work environment sexual harassment. This occurs when inappropriate behavior is so frequent and offensive that it prevents you from doing your job normally. A hostile work environment happens over time and involves repeated incidents of disruptive misconduct.
Importantly, people of any gender can perpetrate or experience sexual harassment in the workplace. Sexual harassment also is not limited to inappropriate treatment from a boss or superior. Anyone in the work environment can engage in harassing behaviors: coworkers, managers, interns, third-party contractors, customers, and even janitorial staff.
Examples of Sexual Harassment in the Workplace
Sexual harassment can take many forms. Inappropriate statements, behaviors, and physical actions can all be the basis of illegal harassment at work. Let’s walk through some common examples of sexual harassment that employees should know about:
- Sexual advances—non-consensual kissing, touching, or other sexual contact, including physical assault;
- Inappropriate touching—rubbing, patting, or other intimate and unwanted physical contact;
- Offensive jokes or comments—telling sexually explicit jokes or suggestive stories in the workplace;
- Unwanted attention—objectifying staring or comments about employees’ bodies, clothing, or physical appearance;
- Pornographic images—explicit drawings or photographs, whether digital or physical; and
- Derogatory terms—using slurs or insults targeting a particular gender or sexual identity.
Even if you’re not the direct target of these behaviors, they can still violate your rights. When inappropriate behaviors create a hostile environment that disrupts your ability to do your job, they can be considered illegal harassment.
Sexual Harassment Signs to Watch Out For
Some forms of sexual harassment are more obvious than others. When perpetrators or other employees downplay inappropriate behavior or treat it as usual, knowing whether to speak out can be challenging.
Here are some subtle warning signs that can help you recognize potentially harassing behavior at work:
- Persistent requests to go on dates with a coworker after you have said no,
- Discomfort being alone with certain coworkers,
- Avoiding meetings or group activities because of sexualized comments or behavior,
- Fear of seeking professional opportunities because of sex-based backlash,
- Pressure to tolerate sexualized behavior or advances for job benefits, and
- Repeated sexual or suggestive digital messages from coworkers or clients outside of work.
If you experience any of these situations, you could be the target of illegal sexual harassment. When this happens, it is time to take action to safeguard yourself and your rights.
Trusted Advocates for Arizona Employees
Understanding the signs of sexual harassment is only the first step in protecting yourself. At Shields Petitti & Zoldan, we understand how intimidating it can be for employees to speak out about sexual harassment. Fortunately, you don’t have to do it alone.
Our attorneys have over 50 years of combined experience helping employees hold perpetrators of workplace sexual misconduct accountable for their actions. Our professionalism, integrity, and reputation for getting real results are known across Arizona. Contact our office today to learn more about how we can help you.
Attorney Michael Zoldan provides legal counsel to individuals and small businesses throughout Arizona. Mr. Zoldan’s practice is based on aggressive and detail-oriented representation, focusing on employment discrimination, wage and hour disputes, harassment, and wrongful termination. Prior to forming Shields Petitti & Zoldan, Mr. Zoldan worked for numerous law firms where he had an opportunity to hone his litigation skills by working on multiple litigation cases at a time with some of the most skilled litigators in the state.
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