The U.S. Equal Employment Opportunity Commission

Sexual Harassment

Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Title VII applies to employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government.

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment.

Sexual harassment can occur in a variety of circumstances, including but not limited to the following:

The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.
The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.
The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
The harasser's conduct must be unwelcome.

It is helpful for the victim to inform the harasser directly that the conduct is unwelcome and must stop. The victim should use any employer complaint mechanism or grievance system available.

When investigating allegations of sexual harassment, EEOC looks at the whole record: the circumstances, such as the nature of the sexual advances, and the context in which the alleged incidents occurred. A determination on the allegations is made from the facts on a case-by-case basis.

Prevention is the best tool to eliminate sexual harassment in the workplace. Employers are encouraged to take steps necessary to prevent sexual harassment from occurring. They should clearly communicate to employees that sexual harassment will not be tolerated. They can do so by providing sexual harassment training to their employees and by establishing an effective complaint or grievance process and taking immediate and appropriate action when an employee complains.

It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on sex or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under Title VII.

Statistics

In Fiscal Year 2002, EEOC received 14,396 charges of sexual harassment. Almost 15% of those charges were filed by males. EEOC resolved 15,792 sexual harassment charges in FY 2002 and recovered $50.3 million in monetary benefits for charging parties and other aggrieved individuals (not including monetary benefits obtained through litigation).

Need more information?

EEOC's guidelines on sexual harassment are available in the Code of Federal Regulations, at 29 C.F.R Part 1604.11. The text of Title VII of the Civil Rights Act is also available. EEOC has also issued enforcement guidances on various issues related to sexual harassment, including:

Policy Guidance on Current Issues of Sexual Harassment
Defines when sexual conduct is unlawful harassment.
Enforcement Guidance: Vicarious Employer Liability for Unlawful Harassment by Supervisors
Updates a 1990 Guidance as it pertains to employer liability for harassment by supervisors and makes clear that the principles applying to sexual harassment also apply to unlawful harassment on any of the bases protected under the federal employment discrimination statutes.

See also: Questions & Answers for Small Employers on Employer Liability for Harassment by Supervisors

Enforcement Guidance on Harris v. Forklift Sys., Inc.
Explains that a plaintiff need not suffer psychological harm to establish a Title VII claim if a workplace is permeated with behavior that is severe or pervasive enough to create a discriminatory hostile environment.
Policy Guidance on Employer Liability under Title VII for Sexual Favoritism
Discusses potential employer liability when an employment opportunity or benefit is denied to one employee and given to a supervisor's paramour or to an employee who submits to sexual advances or requests.