Sexual harassment is a pervasive issue in some workplaces. One type of harassment that’s particularly concerning is called “hostile environment” sexual harassment. 

As the name implies, this type of sexual harassment is when verbal or physical acts lead to a work environment that is intimidating, hostile or offensive. In addition to interfering with the victim’s ability to perform their job, this can have serious emotional and mental health consequences.

Below we go into detail about what hostile environment sexual harassment looks like in the workplace and how it can affect workers. We also share what individuals and employers can do to prevent and address this abuse. No matter your position, you have the right to a safe workplace and can choose to take legal action, if you wish.

What is hostile environment sexual harassment?

Hostile environment sexual harassment is a type of sexual harassment that creates an intimidating, hostile or offensive work environment that interferes with a person’s ability to work. 

The harassment can be caused by anyone in the workplace, including coworkers, managers, supervisors and even customers or clients.

The behavior can be explicit, such as sexual propositions or physical contact. Or it can be more subtle, such as inappropriate comments or jokes. Examples of behavior that can constitute hostile environment sexual harassment include but aren’t limited to:

• Telling sexual stories, jokes or comments, including sexual innuendos
• Referring to someone using sexual language or epithets
• Making sexual gestures, such as leering, whistling or catcalling
• Displaying sexually suggestive images, such as pornography, in the workplace
• Making unwanted sexual advances, such as asking for sexual favors or repeatedly asking someone out on a date after being rejected
• Touching someone in a sexual manner without their consent, such as grabbing or groping
• Making sexual threats, such as saying they’ll withhold a promotion or raise unless sexual favors are granted
• Spreading sexual rumors or gossip about someone in the workplace
• Creating a work environment that’s hostile to a particular gender, such as creating a “boys’ club” atmosphere or excluding women from important meetings or events

Hostile environment sexual harassment vs quid pro quo harassment

Quid pro quo harassment is another type of sexual harassment. It involves a person in a position of power offering a “favor” in exchange for the victim’s compliance with sexual demands—or punishing them if they don’t follow through with the superior’s wishes. 

For example, a manager may promise an employee a raise or promotion in exchange for a sexual relationship. Or they may threaten to fire the employee if they don’t give into their sexual advances.

Quid pro quo harassment can sometimes occur along with hostile environment sexual harassment. The main difference between the two is the power dynamic between the individuals involved: Quid pro quo harassment is most often carried out by superiors, while a person at any level can engage in hostile environment sexual harassment.

What to do if you’re a victim of hostile environment sexual harassment

If you’re a victim of hostile environment sexual harassment, you can take steps to protect yourself.

1. Confront your harasser

If you feel comfortable, speak with the person harassing you. Explain that their behavior is unacceptable and must cease immediately. It’s possible they’re unaware that their behavior is causing harm, and having an open and honest conversation could help resolve the issue. 

To keep the discussion civil and make your message clear, try to:

• Remain calm. The person may become angry, aggressive or defensive. Staying composed will help you react appropriately.
• Be clear and direct. Communicate that their behavior crosses boundaries and needs to stop.
• Provide examples of the offensive behavior. This will help set future boundaries for what you will and won’t tolerate. 

2. Document the harassment

There are several reasons for consistently documenting incidents of hostile environment sexual harassment in the workplace:

• Evidence: If you decide to take legal action or file a complaint with your company or with the Equal Employment Opportunity Commission (EEOC), documentation can provide support for your claim. 
• Recall: It can be hard to remember all the details of the harassment if you don’t record it somewhere.
• Shows a pattern of behavior: Documenting multiple incidents can help establish proof of a hostile work environment. 

Be as detailed as possible in your records. Try to include the following: 

• The date and time of the incident
• The actions that occurred or things that were said
• The names of any witnesses
• How the incident made you feel

Also save any physical evidence, such as emails or video recordings. Make copies of all your documentation and keep those in a secure place. 

3. Report the harassment to your employer

If you decide to report the harassment to your company, check your employee handbook or similar documents to find the correct protocol. If there isn’t one, file a complaint with human resources (HR) or another appropriate department. 

Either way, submit your complaint in writing so you have a paper trail. Also provide the documentation and any other evidence you’ve collected, as well as the names of any witnesses who can corroborate your story. Make and keep copies of everything for yourself.

Lastly, some coworkers may be willing to support your claims. And multiple employees reporting the same harassment increases the chances of your complaint being taken seriously. That said, respect your colleagues’ privacy and don’t force anyone to share their experiences. 

4. Seek support

Experiencing sexual harassment can be extremely traumatic and may cause feelings of fear, shame or isolation. Speaking with a friend, family member or therapist who can provide support can help you process your emotions and cope. You may also find it helpful to speak with a sexual harassment hotline or support group.

5. File an administrative complaint

Employers are legally obligated to take prompt and appropriate action to stop any reported sexual harassment without causing harm to you or making you a target for retaliation. 

However, if your employer doesn’t adequately address the situation, you can consider bringing a claim against the company. This formal complaint alleges that an individual has been subjected to unwanted sexual advances, comments or actions that create a hostile or intimidating work environment.

You can make this claim with a government agency such as the EEOC or your state’s fair employment practices agency (FEPA). You must provide evidence to support your allegations. This can include documentation of the harassment incidents, witness statements and other relevant evidence.

Note that the deadline for filing a complaint with the EEOC is either 180 or 300 days from the date of the most recent incident of harassment, depending on the state where you work.

The agency will investigate to determine if there’s evidence of harassment. If so, they may try to resolve the matter through mediation. If this doesn’t resolve the situation, the EEOC may file a lawsuit on behalf of the employee.

The final option is to file a lawsuit against your employer. You can only do this if you filed a complaint with the EEOC or your state’s FEPA, and that agency has provided you with a “right-to-sue” notice. 

How do you win a hostile work environment case?

To win a hostile environment sexual harassment in the workplace case, the individual making the claim must prove that the harassment was severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile or abusive.

To do this, the individual must provide evidence to support their allegations, including documentation of the incidents of harassment, witness statements and any other relevant evidence. It’s also important to show that the employer knew or should have known about the harassment and failed to take prompt and appropriate action to address it. This can include reporting the harassment to HR or another appropriate department and following up to ensure that the issue was resolved.

If the individual is successful in proving their case, they may be entitled to compensation or other remedies, such as a change in the work environment or a transfer to a different position.

When to talk with a lawyer about hostile environment sexual harassment

If you’re experiencing or have experienced hostile environment sexual harassment in the workplace, it can be beneficial to talk with a lawyer as soon as possible to understand your legal rights and options.

Below are some situations where people often wish to work with a lawyer:

• You reported the harassment to your employer and they haven’t taken action to address the situation.
• You’ve suffered negative consequences at work—such as being demoted, fired or subjected to other forms of retaliation—as a result of reporting the harassment.
• You’ve suffered significant emotional or physical harm as a result of the harassment.
• You have evidence that the harassment is ongoing and likely to continue in the future.
• You’re unsure how to navigate the legal process and would like guidance on what steps to take next.

A lawyer who focuses on employment law can help you understand your legal options and rights, and can guide you through the process of filing a complaint or lawsuit if necessary. They can also help you gather and present evidence to support your claim, and can represent you in negotiations or court proceedings.