What constitutes sexual harassment in the workplace under federal law?

What the Law Says

Title VII of the Civil Rights Act of 1964 is the primary federal law prohibiting sexual harassment in employment. It applies to employers with 15 or more employees and covers applicants, employees, and former employees.

Sexual harassment is defined by the Equal Employment Opportunity Commission (EEOC) — the agency that enforces Title VII — as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when submission to such conduct is made a term or condition of employment, used as a basis for employment decisions, or when such conduct unreasonably interferes with work performance or creates an intimidating, hostile, or offensive work environment.

The statute itself does not use the phrase 'sexual harassment' but prohibits discrimination 'because of... sex' — courts and the EEOC have consistently interpreted this to include sexual harassment as a form of sex-based discrimination.

Statutory Text

It shall be an unlawful employment practice for an employer... to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin.

— Civil Rights Act Title VII, 42 U.S.C. § 2000e-2(a)(1) — Unlawful employment practices

What to Do

Sources