Sexual Harassment Lawsuit

Behaviors that Constitute Sexual Harassment

Behavior constituting sexual harassment can vary depending on situations and people involved.  Behaviors might include unwelcome sexual advances, requests for sexual favors, direct or indirect threats or bribes for sexual activity, sexual innuendo, comments, sexually suggestive jokes, unwelcome touching or brushing against a person, material displays of sexually illicit or graphic content, attempted or completed sexual assault.

Same Sex Harassment

Any male or female can be a victim of sexual harassment, according to Title VII.  The victim need not need to be of the opposite sex.  A man could harass another man, or a woman another woman.  The victim or the harasser may be a man or woman.

Harassers need not be supervisors.  Behavior may still constitute sexual harassment even if the harasser is a co-worker, a supervisor in another area, or even a person not employed in the victim’s workplace.  A sexual harassment victim does not necessarily need to be the person directly being (allegedly) harassed.  The victim could be an employee who is indirectly but negatively affected by the offensive conduct.

Single Incident Sexual Harassment

In quid pro quo cases, a single sexual advance may constitute harassment if it is linked to the granting or denial of employment or employment benefits.  A single incident or isolated incidents of offensive sexual conduct or remarks generally are not sufficient evidence of a hostile environment, unless the conduct is severe.  A hostile-environment claim usually requires proof of a pattern of offensive conduct.  But a single, unusually severe incident of harassment may be sufficient to constitute a Title VII violation.  The more severe the harassment, the less need to show a repetitive series of incidents. This is particularly true when the harassment is physical.