What is sexual harassment?

Sexual harassment is defined by the Equal Employment Opportunity Commission (EEOC) as: Any unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when: submission to such conduct is made either explicitly or implicitly a term or condition of an individuals employment or academic decision; submission to or rejection of such conduct by an individual is used as the basis for employment or academic decision affecting that individual; or such conduct has the purpose or effect of unreasonably interfering with an individuals work or academic performance or creating an intimidating, hostile or offensive working environment.

Sexual harassment is either establishing terms and conditions of employment that require sexual favors (called quid pro quo sexual harassment), or creating, maintaining, or tolerating a sexually hostile work environment. Just how hostile, offensive, or abusive the environment must be to support a cause of action is still a matter of legal dispute and controversy. Typically for conduct to be actionable under state or federal law for creating an abusive work environment, it need not be so severe as to cause a plaintiff-employee to suffer psychological injury. According to the U.S. Supreme Court, This standard takes a middle path between making actionable any conduct that is merely offensive and requiring the conduct to cause a tangible psychological injury.  more

Sexual harassment is the unwelcome sexual advances, requests for sexual favors and any other verbal or physical conduct of a sexual nature.  more

Sexual harassment is a type of gender discrimination. It is any unwelcome sexual advance or conduct on the job that creates an intimidating, hostile or offensive working environment. It is any offensive conduct related to an employee's gender that a reasonable woman or man should not have to endure. To learn more about sexual harassment, see Preventing Sexual Harassment in the Workplace.  more

The California Supreme Court has cited with approval the federal EEOC's definition of sexual harassment as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that has the ‘purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.” (Lyle v. Warner Bros. Television Productions (2006) 38 Cal.4th 264, 278.  more

Sexual harassment in schools is defined as "... unwanted, uninvited sexual attention. It many involve remarks, gestures, or actions of a sexual nature that make a person feel unsafe or uncomfortable. It creates an intimidating, hostile or offensive learning environment.  more

Sexual harassment can take many forms. It may be vulgar or lewd comments, or forcing workers to wear sexually revealing uniforms. It can involve unwanted physical touching or fondling, or suggestions or requests to engage in sexual conduct. Obscene or sexually suggestive cartoons and posters can be sexual harassment. Off-color jokes or repeated sexual references can be sexual harassment. It depends on the circumstances. Courts consider the nature and frequency of the conduct as well as the conditions under which the conduct occurred. Courts also consider whether the plaintiff complained about the conduct, or could be considered to have condoned it by his or her conduct.  more

The UC Policy on Sexual Harassment contains a definition of sexual harassment. Faculty, staff and students are urged to review the Policy itself to understand the different types of sexual harassment. Generally, sexual harassment is unwelcome sexual behavior, requests for sexual favors, and other verbal or physical conduct of a sexual nature, when submission to or rejection of this conduct explicitly or implicitly affects a person's employment or education; or which unreasonably interferes with an individual's work or educational performance, or creates an intimidating hostile or offensive working or learning environment.  more

Any unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term of condition of an individual’s employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual or (3) such conduct has the purpose or effect of unreasonably interfering with an individuals’ work performance or creating an intimidating, hostile or offensive working environment. Related Websites: U.S.  more

Sexual harassment can involve an employee being pressured to submit to unwelcome sexual advances or requests for sexual favors in exchange for retaining or gaining certain job opportunities or terms or conditions of employment. Sexual harassment also can involve an employee being confronted with unwelcome sexual conduct that is so pervasive or severe as to interfere with the employee's job performance or to create a hostile or offensive working environment.  more