What is Sexual Harassment in the Workplace?

Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature or otherwise offensive remarks about a person’s sex affecting your employment or creating an intimidating, hostile, or offensive work environment.

One of the most difficult and demeaning forms of sexual harassment is the classic “quid pro quo” request, which is Latin for “this for that.” For example, a quid pro quo sexual harassment violation occurs if your supervisor insists that you submit to sexual advances in exchange for your continued employment.

Having your job threatened is not the only way that you may experience sexual harassment at work. If your supervisor or co-workers constantly subject you to sexual photographs, videos, jokes, or threats that are offensive to you, then your employer has created an impermissibly hostile work environment based on its tolerance of these behaviors. Harassment can be subtle; if you are concerned about potentially harassing behavior on the job, talk to a workplace sexual harassment lawyer.

Third-Party Sexual Harassment

The legal definition of sexual harassment does not end with your supervisor or co-workers. If a customer, client, vendor, or other non-employee confronts you with unwelcome sexual words or actions that affect your ability to do your job, your employer is obligated to take steps to protect you. However, it is the harassed employee’s duty to promptly bring the matter to management and request remedial action. If your employer ignores your request or retaliates against you for making the request, you may have a claim against your employer.

Safe Workplace

It is your employer’s legal and ethical responsibility to ensure that your work environment remains free from sexual harassment at all times. You do not have to put up with unacceptable behavior from anyone at your job — regardless of your position in the company, and regardless of the position of the sexual harasser. If your employer has failed to take sufficient proactive steps to remedy and prevent sexual harassment after you have notified them of the situation, you may need legal advice.

Our experienced employment law attorneys have advised numerous employees in navigating the difficult waters of sexual harassment in the workplace. Addressing severe and pervasive sexual harassment in the workplace takes skill and tact, and our team is here to help. We listen; we hear you; we understand.

Types of Sexual Harassment 

Sexual harassment can manifest in various forms and may be perpetrated by individuals within your workplace or by third parties.  

Supervisor Harassment  

Supervisor harassment occurs when someone in a position of authority, such as a supervisor, manager, or senior official, abuses their power by engaging in inappropriate sexual behavior, promising benefits in exchange for sexual favors, or making unwanted sexual advances toward a subordinate. This form of harassment is particularly concerning and difficult to navigate because of the inherent power imbalance, which can make subordinates feel pressured to tolerate or not report the behavior due to fear of retaliation, such as demotion, job loss, or negative performance reviews. 

Co-Worker Harassment  

Sexual harassment from a colleague can involve a range of behaviors, including inappropriate jokes, offensive remarks, unwanted physical contact, or persistent advances despite explicit refusal or non-consent. These actions can create a hostile or uncomfortable work environment, undermining the victim’s ability to work effectively. Such harassment can also result in significant emotional distress, including anxiety, fear, or humiliation, and may even lead to physical symptoms like insomnia, heart or gastrointestinal issues, or other stress-related illnesses.  

Third-party Harassment  

Harassment can also be legally actionable coming from individuals outside the job, such as clients, customers, or vendors. While employers may not have direct control over the actions of these third parties, they are still legally obligated to protect their employees from such harassment, especially once they are aware of the issue. Employers are responsible for taking reasonable steps to address and prevent harassment from third parties. This may include implementing clear policies, providing training, and intervening when employees report such incidents. 

Online/Virtual Harassment  

Online or virtual harassment has become increasingly common with the rise of remote work and the integration of digital communication tools in the workplace. Harassment in these contexts can occur through various channels, such as texts, emails, workplace chat systems, video calls, or even social media. Virtual harassment can feel particularly invasive because it often blurs the boundaries between professional and personal spaces, making it difficult to escape.  

For example, unwelcome messages or inappropriate behavior can reach employees outside of standard work hours or in their homes, amplifying its impact. Like in-person harassment, virtual harassment can stem from supervisors, coworkers, or third parties, and can significantly affect an individual’s emotional well-being, productivity, and sense of safety. This form of harassment can be just as damaging and actionable under workplace harassment laws. 

What is a Hostile Work Environment?   

According to federal law, a hostile work environment is legally defined as a workplace where unwelcome conduct based on protected characteristics is so severe or pervasive that it creates an intimidating, hostile, or offensive environment, thereby unreasonably interfering with an individual’s work performance or resulting in termination or demotion. Protected characteristics include race, color, sex (including sexual orientation and gender identity), religion, national origin, age, disability, pregnancy, and genetic information. Title VII is the federal law that specifically prohibits sexual assault and harassment in the workplace. Employees may also have recourse through State laws. 

State and Federal Laws Protect Employees From Sexual Harassment 

Experiencing sexual harassment at work is a deeply personal and painful violation of your rights. The law recognizes this and stands firmly in your corner, ensuring you have clear protections and avenues for justice. In North Carolina and South Carolina, both federal and state laws work together to uphold your right to a safe, respectful workplace. 

Federal Laws 

At the federal level, Title VII of the Civil Rights Act of 1964 (“Title VII”) prohibits sexual harassment by classifying it as a form of unlawful sex discrimination. Title VII aims to protect employees from discriminatory behavior in the workplace, including unwelcome conduct of a sexual nature, that affects the terms, conditions, or privileges of employment.  

If an employer fails to act or respond appropriately to reported sexual harassment, employees have the right to file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC will investigate the complaint and may facilitate mediation, pursue legal action, or issue a “right to sue” letter, allowing the employee to take the case to federal court. Employers who neglect their responsibilities can face legal and financial consequences.  

State Laws 

State laws and agencies can mirror federal protections by prohibiting sexual harassment in all employment settings. An experienced employment lawyer can advise and guide you through the appropriate processes at the State and federal levels.  

At The Noble Law, we know how harassment can affect every facet of your life, from your career to your sense of safety and self-worth. Our mission is to stand with you, using the full force of these laws to help you reclaim your voice and hold those responsible accountable.