Sexual Harassment
What does "Sexual Harassment" mean in law?
Sexual harassment is a form of sex discrimination prohibited under Title VII that encompasses two distinct theories: quid pro quo harassment and hostile work environment harassment. The EEOC defines it as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that explicitly or implicitly affects employment, unreasonably interferes with work performance, or creates an intimidating, hostile, or offensive work environment. Following Oncale v. Sundowner Offshore Services, Title VII's prohibition extends to same-sex harassment. Employer liability depends on whether the harasser is a supervisor (strict liability for tangible employment actions; affirmative defense available otherwise) or a coworker (negligence standard).
Definition
Sexual harassment is a form of sex discrimination prohibited under Title VII that encompasses two distinct theories: quid pro quo harassment and hostile work environment harassment. The EEOC defines it as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that explicitly or implicitly affects employment, unreasonably interferes with work performance, or creates an intimidating, hostile, or offensive work environment. Following Oncale v. Sundowner Offshore Services, Title VII's prohibition extends to same-sex harassment. Employer liability depends on whether the harasser is a supervisor (strict liability for tangible employment actions; affirmative defense available otherwise) or a coworker (negligence standard).
Example
A paralegal who endures repeated unwanted sexual comments, unsolicited physical contact, and explicit images sent by a senior partner has been subjected to sexual harassment actionable under Title VII.