10 Actionable Examples of Sexual Harassment in the Workplace

EXAMPLES OF SEXUAL HARASSMENT

Sexual harassment is a pervasive problem that can affect any workplace, regardless of industry or size. It is essential to understand the examples of sexual harassment to recognize and report such incidents. This article will explore 10 examples of sexual harassment in the workplace and the laws and protections in place to combat this issue. The examples of sexual harassment identified below are common examples of sexual harassment but they are not the only examples of sexual harassment. There may be other types or examples of sexual harassment in the workplace so it is important to reach out to an attorney if you experience something you perceive as an example of sexual harassment even if it is not on the list below.

1. Inappropriate Touching or Physical Contact

Unwanted touching or physical contact can be considered sexual harassment under federal law and the Illinois Human Rights Act (IHRA). This can include hugging, patting, rubbing, or groping someone without their consent.

2. Sexual Comments or Jokes

Inappropriate sexual jokes and comments are common examples of sexual harassment in the workplace. They can create a hostile work environment and may be considered harassment under both federal law and the IHRA. Jokes or comments of a sexual nature can be both verbal and non-verbal, and they may be directed at a specific individual or a group of people. Here are some specific examples of inappropriate sexual jokes and comments:

1. Offensive Language: Using crude, vulgar, or obscene language when discussing sexual topics or making lewd comments about a coworker’s body or appearance.
2. Sexual Innuendos: Making suggestive remarks or using double entendres that imply sexual acts or intentions, even if they are not explicitly stated.
3. Unwanted Flattery: Complimenting a coworker on their physical appearance in a way that makes them feel uncomfortable or objectified, especially if the comments focus on their body or sexual attractiveness.
4. Graphic Descriptions: Sharing explicit or graphic details about one’s sexual experiences, fantasies, or preferences, particularly when these discussions are unwelcome or unsolicited.
5. Sexually Charged Humor: Telling jokes that involve sexual content or making light of inappropriate sexual behavior, even if the humor is not directed at a specific person.
6. Derogatory Comments: Making demeaning or derogatory comments about a person’s sex, sexual orientation, or gender identity, such as using slurs or perpetuating harmful stereotypes.
7. Sexual Rumors: Spreading rumors or gossip about a coworker’s sexual activities or relationships, regardless of whether the rumors are true or false.

3. Persistent Requests for Dates

Repeatedly asking a coworker for a date, even after they have made it clear that they are not interested, may be considered harassment under federal law and the IHRA.

4. Inappropriate Visual Displays

Displaying sexually suggestive images or objects in the workplace can be considered harassment under both federal law and the IHRA, as it contributes to a hostile work environment.

5. Sexual Favors or Quid Pro Quo Harassment

Quid pro quo sexual harassment occurs when a person in a position of authority demands sexual favors in exchange for job-related benefits or threatens negative consequences for refusal. This type of harassment is illegal under both federal law and the IHRA. Quid pro quo harassment can take various forms and can significantly impact an employee’s career and mental well-being. Here are some specific examples of quid pro quo sexual harassment:

1. Promotions or Advancements: A supervisor or manager implies that an employee will receive a promotion, salary increase, or other career advancements if they engage in a sexual relationship or perform sexual acts.
2. Job Security: An employer or manager threatens to fire, demote, or otherwise penalize an employee if they do not agree to their sexual demands.
3. Work Assignments: A supervisor promises favorable work assignments or more desirable shifts in exchange for sexual favors or punishes employees who refuse by assigning them undesirable tasks or schedules.
4. Training or Educational Opportunities: A manager offers access to training programs, conferences, or other professional development opportunities in exchange for sexual acts or relationships.
5. Performance Evaluations: An employer manipulates an employee’s performance evaluation based on their willingness to engage in sexual activities, rather than their job performance.

6. Unwanted Sexual Advances

Making unwelcome sexual advances, such as attempting to kiss, hug, or engage in other intimate physical contact, can be considered sexual harassment under both federal law and the IHRA.

7. Sexist Remarks or Behavior

Derogatory comments or actions based on a person’s sex, such as demeaning or belittling remarks, can contribute to a hostile work environment and may be considered sexual harassment under both federal law and the IHRA.

8. Online or Electronic Harassment

Sending explicit or suggestive messages, images, or videos through email, text, or social media can be considered sexual harassment under federal law and the IHRA.

9. Invasion of Personal Space

Repeatedly invading someone’s personal space, such as standing too close, can create an uncomfortable or hostile work environment and may be considered sexual harassment under both federal law and the IHRA.

10. Retaliation for Reporting Harassment

Punishing an employee for reporting sexual harassment or participating in an investigation is illegal under both federal law and the IHRA.

Your Rights and Remedies as Survivor of Sexual Harassment

If you have experienced any of these examples of sexual harassment in the workplace, you have rights and remedies available under both federal law and the Illinois Human Rights Act (IHRA). These rights include the ability to file a complaint with the appropriate government agency, such as the U.S. Equal Employment Opportunity Commission (eeoc.gov) or the Illinois Department of Human Rights (illinois.gov).

Remedies available under federal law and the IHRA can include back pay, reinstatement, compensatory damages, and in some cases, punitive damages.

Filing an EEOC Complaint

If you have experienced any examples of sexual harassment in your workplace, you have the right to file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC). Here’s what to expect during the process:

1. Prepare and File Your Complaint: You must file your complaint within 180 days of the harassment incident, which could be one of the examples of sexual harassment listed here, or could be different. Visit the EEOC’s website for instructions on how to file a charge.
2. EEOC Investigation: The EEOC will notify your employer and investigate your complaint. This process may involve interviewing witnesses, reviewing documents, and conducting on-site visits.
3. Mediation or Conciliation: If the EEOC finds evidence of harassment, they may attempt to resolve the issue through mediation or conciliation between you and your employer.
4. Notice of Right to Sue: If the EEOC is unable to resolve the issue or determines that there is no violation, they will issue a Notice of Right to Sue, allowing you to pursue a lawsuit in federal court.

Filing an IDHR Complaint

If you have encountered any examples of sexual harassment in your workplace in Illinois, you also have the right to file a complaint with the Illinois Department of Human Rights (IDHR). Here’s what to expect during the process:

1. Prepare and File Your Complaint: You must file your complaint within 300 days of the harassment incident, which may be one of the examples of sexual harassment presented here, or could be different. Visit the IDHR’s website for instructions on how to file a charge.
2. IDHR Investigation: The IDHR will notify your employer and investigate your complaint. This process may involve interviewing witnesses, reviewing documents, and conducting on-site visits.
3. Fact-Finding Conference: The IDHR may hold a fact-finding conference to gather additional information from both parties involved in the complaint.
4. Mediation or Conciliation: If the IDHR finds evidence of harassment, they may attempt to resolve the issue through mediation or conciliation between you and your employer.
5. Notice of Substantial Evidence: If the IDHR determines that there is substantial evidence of harassment, they will issue a Notice of Substantial Evidence, allowing you to request a public hearing or file a lawsuit in state court.

Why Hire an Attorney for Assistance

Navigating the legal process can be complicated and overwhelming. Hiring an experienced attorney can ensure that your rights are protected, and you receive the compensation you deserve. The law firm of Randolph & Holloway specializes in employment discrimination and sexual harassment cases. They can provide expert guidance and support throughout the process.

If you have been a victim of sexual harassment in the workplace, don’t hesitate to contact Randolph & Holloway for a free consultation. The sooner you take action, the better your chances of obtaining justice and stopping the harassment.

Don’t suffer in silence—know your rights and take action to put an end to sexual harassment in your workplace. Remember, it is not only your responsibility to report such incidents but also your right to work in a safe, respectful, and inclusive environment. By raising awareness of sexual harassment and holding perpetrators accountable, you can help create a better workplace for yourself and others.

For more information on employment discrimination and examples of sexual harassment, visit Randolph & Holloway’s Sexual Harassment page.

In conclusion, understanding the various examples of sexual harassment and the rights and remedies available under federal law and the IHRA is crucial in combating this pervasive issue. By recognizing and reporting examples of sexual harassment, you can help ensure a safer and more inclusive work environment for all. If you need assistance or guidance, don’t hesitate to reach out to an experienced attorney who can help protect your rights and guide you through the legal process.