Sexual harassment of any type in the workplace can have a devastating impact on an individual’s performance, as well as their mental and emotional health. Sexual harassment can also create a hostile work environment, leading to decreased morale among colleagues, reduced productivity in departments and even retaliation.
One common type of harassment is verbal sexual harassment. This can include unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature.
Despite its prevalence, verbal sexual harassment often isn’t taken as seriously as other forms of harassment or abuse. Still, if you feel you’ve been harassed, you can take action.
This article digs into the various forms that verbal sexual harassment can take and what can be done to address it.
Types of sexual harassment
Sexual harassment can come in many different forms, from subtle and seemingly harmless comments to more overt and aggressive behavior. Understanding the different types of sexual harassment is crucial for creating a safe and respectful work environment for everyone, whether you’re an employee, an employer or simply looking to learn more about this issue.
Know that, under Title VII of the Civil Rights Act of 1964 (“Title VII”), it’s illegal for employers to allow anyone to be sexually harassed at work by anyone else. This includes verbal sexual harassment.
Verbal sexual harassment
Verbal sexual harassment in the workplace refers to any kind of spoken or written sexual misconduct that’s intimidating, hostile, challenging or derogatory in nature and has the effect of creating an uncomfortable environment for employees.
Examples of verbal sexual harassment include:
- Unwanted sexual advances or propositions, such as pressure for sexual favors or asking a coworker out on a date repeatedly even after being told no
- Inappropriate comments about someone’s body or appearance, such as making a sexually suggestive remark about someone’s clothing or physical features
- Sexual jokes or innuendos, such as making crude jokes about sexual acts or orientation
- Derogatory comments or slurs, such as using a sexist or homophobic insult to belittle or demean someone
- Catcalling or wolf-whistling, such as making loud and suggestive comments to someone in a public area of the workplace
- Threats or intimidation, such as making threats of physical or sexual violence toward someone based on their gender or sexual orientation
Physical sexual harassment
Physical sexual harassment is any type of physical or visual behavior that is unwelcome, unwanted or creates a hostile environment. This type of harassment can be experienced by anyone in the workplace and can take the form of lewd gestures, leering, inappropriate staring, touching and assault.
Some examples of physical sexual harassment include:
- Unwanted physical contact, such as hugging, kissing, patting or touching
- Assault or attempted assault of a sexual nature
- Physical blocking or impeding of movement
- Sexual gestures or bodily movements
Physical sexual harassment often goes hand in hand with verbal sexual harassment: An individual may experience both types of harassment at the same time.
Visual sexual harassment
Visual sexual harassment in the workplace is a form of physical and verbal harassment where the harasser’s actions are communicated through visual means. This could include unwelcome or offensive comments about an individual’s appearance, body or clothing, as well as the display of obscene images or gestures.
This type of sexual harassment can be extremely damaging, creating an uncomfortable and hostile work environment, and should be taken very seriously. Unfortunately, although it’s one of the most common forms of sexual harassment, it’s often overlooked or dismissed as harmless behavior. Examples of visual sexual harassment can include:
- Posting or displaying sexually suggestive or explicit images, posters or cartoons
- Sending sexually suggestive or explicit emails or text messages
- Making sexually suggestive or obscene gestures
- Wearing clothing with sexually suggestive or explicit images or language
How to report verbal sexual harassment
Although sexual harassment in the workplace is common, you can take steps to address it.
1. Confront the harasser
Confronting a harasser can be a scary but important step in stopping sexual harassment. If you feel comfortable and safe doing so, the following tips may help guide you:
- Stay calm: Try to to remain calm and composed, even if the person becomes defensive or hostile.
- Be clear and direct: Let the person know that their behavior is unacceptable and that you want it to stop. Use specific examples of the behavior that you find offensive.
- Set boundaries: Tell the person what behaviors you will and will not tolerate.
You have the right to a safe and harassment-free workplace. Confronting the person who’s harassing you can be a way to assert your rights and take control of the situation.
2. Document everything
Documenting verbal sexual harassment in the workplace is an important part of seeking justice, for several reasons:
- Evidence: Documentation provides evidence of the harassment and can support your claim if you decide to take legal action or file a complaint with your company.
- Clarity: Keeping a record of the incidents can help you remember the details and provide clarity on the situation.
- Pattern of behavior: Documenting incidents over time can help demonstrate a pattern of behavior, which can be important in establishing a hostile work environment.
- Protects your rights: Documentation protects your rights and can be used to support your case if you decide to take legal action or file a complaint with your company.
Whether you’re the victim or a witness to harassment, make detailed records of the events. Documentation can include anything from physical evidence (such as emails or video recordings) to notes and logs of interactions.
When documenting incidents of verbal sexual harassment, try to include the following information:
- Date and time of the incident
- What was said or done
- Names of any witnesses
- How the incident made you feel
Keep copies of the documentation in a secure place and only share it with those who need to know, such as human resources (HR) or an attorney.
3. Report the harassment to your company
Depending on the severity of the verbal sexual harassment, you can choose to report it to your employer directly or to contact an attorney or other legal professional to learn more about your options.
If you feel comfortable reporting the harassment to your company, you can file a complaint with HR or another appropriate department. If your company has a formal process for reporting harassment, follow it and submit your complaint in writing.
When making your report, provide the evidence you’ve collected and documented. Also keep copies of all documentation so you can prove that the incident occurred. It can be helpful to provide the names of any witnesses who can corroborate your story.
If you are a member of a union, you can also consider seeking their assistance in resolving the situation.
Lastly, when multiple employees report the same harassment, it sends a stronger message to the employer and increases the chances of your complaint being taken seriously. However, it’s also important to respect your colleagues’ privacy and not force anyone to share their experiences.
4. Bring a claim
Once you’ve reported the harassment to your employer, they’re legally obligated to take prompt and appropriate action without causing harm to you or making you a target for retaliation. However, if you report to your employer and they fail to address the situation, you can consider bringing a claim against the company.
A claim of sexual harassment in the workplace is a formal complaint that an individual makes alleging that they’ve been subjected to unwanted sexual advances, comments or actions that create a hostile or intimidating work environment.
This type of claim can be made with a government agency such as the Equal Employment Opportunity Commission (EEOC) or your state’s fair employment practices agency (FEPA).
In a sexual harassment claim, the individual making the claim must provide evidence to support their allegations, including documentation of the incidents of harassment, witness statements and any other relevant evidence. If the claim is found to be valid, the individual may be entitled to compensation or other remedies such as a change in the work environment or a transfer to a different position.
Note that when filing a complaint with government agencies, there are strict time limits known as “statutes of limitations”. The deadline to file 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.
After an employee files a complaint with the EEOC, the agency investigates to determine if there’s evidence of harassment. If they find evidence, the agency may attempt to resolve the matter out of court through mediation. If the matter can’t be resolved, the EEOC may file a lawsuit on behalf of the employee.
You can also personally take legal action against your employer by filing a lawsuit, however, this step is only available if you’ve previously filed a complaint with the EEOC or your state’s FEPA and have received a “right-to-sue” notice.
When to talk with a lawyer
If you’re the victim of verbal sexual harassment in the workplace, you may want to consider speaking with a lawyer if:
- You’re unsure of your legal rights and the steps you need to take to report the harassment.
- Your employer hasn’t taken any action to address the harassment, despite your attempts to report it.
- You’re afraid of retaliation from your employer or the person harassing you.
- You’ve suffered negative impacts on your job (such as decreased job performance or lost wages) as a result of the harassment.
- You’re considering filing a complaint with the EEOC or a lawsuit against your employer.
- You want to negotiate a settlement or resolution with your employer but are unsure of the best approach.
An experienced employment lawyer can help you understand your legal options, advise you on the best course of action and represent you in negotiations or in court. Since there may be strict deadlines for filing a complaint or taking legal action, it’s important to act quickly if you’ve been the victim of sexual harassment.
