Sexual harassment is a form of sex discrimination that violates Title VII of the Civil
Rights Act of 1964.
According to the Equal Employment Opportunity Commission, EEOC, Sexual
Harassment can be described as the unwelcome sexual advances, requests for sexual favors, or other verbal, or physical conduct of a sexual nature. It could also be through gestures, non-verbal or facial expressions.
Harassment does not have to be sexual and can include offensive remarks about a
person’s sex. For example, it is illegal to harass a woman by making offensive
comments about women in general.
SEXUAL HARASSMENT INCLUDES:
1. PHYSICAL
Massaging a person without an invitation.
Deliberately brushing up against another person.
Hugging, kissing, touching, patting, stroking in a sexual manner that makes
Touching or fiddling with a person’s clothing, e.g. lifting skirts or shirts, or
2. VERBAL
Requests for sexual favors: This has to do with an employer offering an
Leering: This has to do with looking or staring at someone in a lustful, sexually
Whistling at someone
Derogatory/ Sexual comments or jokes: Making a derogatory comment or
Making kissing sounds, moaning, and smacking the lips.
3. NON-VERBAL
Displays of offensive or pornographic material or pictures such as posters,
Staring or leering at a person or parts of his/her body.
Giving gifts that is of a sexual nature.
Stalking a person.
Making sexual gestures through body movements.
Winking, throwing kisses, touching body parts, licking lips.
TYPES OF SEXUAL HARASSMENT
There are two types of sexual harassment recognized by the federal law, “quid pro
quo” and “hostile environment”.
Quid pro quo (“this for that” in Latin) is when someone in a position of authority
requests or demands sexual favors in exchange for employment, employment
benefits or for academic success.
A single incidence of quid pro quo sexual harassment is illegal and can be the grounds
for a lawsuit.
Some of these benefits may include:
Salary increase
Favourable performance reviews and recommendations
Promotion
Official apartment/ Car
Beneficial shifts or work assignments
Travel opportunities
Job retention
Good grades
Salary slash
Termination
Fewer benefits/opportunities
Threats/ Insults
Demotion
Less beneficial work assignments/ shifts
Poor grades
Hostile environment sexual harassment deals with persistent and repeated
unwelcome conduct of a sexual nature such as sexual comments, requests and
advances, thereby creating an intimidating, threatening, fearful, offensive or abusive
working or learning environment.
In this case, unlike Quid pro, the harasser doesn’t have to necessarily require any
employee benefits to be at risk, since it is not based on promises or threats of certain employment actions. It only creates an uncomfortable working environment for the victim, which may affect their performance in such an environment.
Perpetrators of hostile work environment sexual harassment can include co-workers
and third-parties such as clients, suppliers, customers etc.
The perpetrators of hostile work environment sexual harassment aren’t always people in high position or authority like quid pro.
This type of harassment can be verbal or physical.
Some instances of hostile environment sexual harassment can be:
Display of sexually explicit or offensive pictures, images, cartoons that denote
Sexual and offensive jokes
Personal questions of a sexual nature
Physical conduct that is sexual or degrading to any reasonable person
Writing emails, memos, or other correspondence that includes sexual
Hindering another employee from freely moving from one place to another
Repeated, sexually-oriented behavior such as leering, touching, rubbing, or
Below are instances that the court will consider to be a Hostile Work Environment
Sexual Harassment:
If the harassment was offensive enough to create an abusive work
If the behavior interferes with work performance/ hinders productivity at work.
If the alleged harassment is intimidating, threatening, or humiliating or just an
How often the harassment occurs.