*Content warning: sexual harassment at the workplace
What You Need to Know About Whether Flirting at Work is Sexual Harassment
Flirting may be common and normal in specific workplaces, and parties may form relationships with coworkers as a result. Here’s everything you need to know about whether flirting at work is sexual harassment.
Flirting is not sexual harassment. When parties engage in flirting that is not mutual or interferes with one’s workplace, it may become sexual harassment. Sexual harassment is federally illegal. Parties wishing to pursue legal action due to non-consensual flirting have different options.
Flirting vs. Sexual Harassment
There is a difference between flirting and sexual harassment. Flirting can be welcome attention both parties enjoy. In contrast, sexual harassment is unwanted attention or actions making one party feel bad.
Federally, general harassment is illegal, which more specifically includes sexual harassment. If a party is unwantedly flirted with, the first step would be to ask the individual to stop. If the actions continue, they are harassment.
Workplace Sexual Harassment
Workplace sexual harassment is illegal but common. Workplace sexual harassment causes negative consequences for victims and may interfere with a victim’s ability to do their job.
Related: Sexual Jokes at Work: Harassment?
Sexual harassment is an illegal type of employment discrimination based on physical or verbal abuse, specifically of sexual nature.
Federal Laws Against Sexual Harassment
Title VII of the 1964 Civil Rights Act prohibits two categories of sexual harassment:
– Quid pro quo, and
– Hostile environment.
Quid Pro Quo Sexual Harassment
Quid pro quo sexual harassment occurs when a supervisor, or someone in a position of power over another, demands sexual favors in exchange for career advancement. Quid pro can be a benefit, like a promotion or pay increase, or to avoid a detriment, like termination.
Quid pro quo sexual harassment occurs when the offender targets the victim, their actions are unwelcome, and their behavior affects aspects of the victim’s job.
Hostile Environment Sexual Harassment
Hostile environment sexual harassment occurs when severe sexual harassment causes a reasonable person to believe it interferes with the victim’s ability to do their job.
This type of sexual harassment might include:
– Physical contact,
– Sexual advances,
– Sexual remarks,
– Sending sexually graphic material, and
– More.
Title VII of the Civil Rights Act of 1964
The Equal Employment Opportunity Commission (EEOC) handles complaints under Title VII of the Civil Rights Act of 1964. Workplace sexual harassment is a form of employment discrimination. Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination.
Related: How to Prove Sexual Harassment in California
Harassment is unwelcome conduct based on:
- Race,
- Color,
- Religion,
- Sex,
- Sexual orientation,
- Gender identity,
- Pregnancy,
- National origin,
- Age (after age 40),
- Disability, or
- Genetic information.
The EEOC prohibits harassment when the conduct:
Becomes a condition of continued employment, or
Is severe or pervasive enough to create a work environment where a reasonable person considers it intimidating, hostile, or abusive.
Anti-discrimination laws also prohibit retaliation against victims for filing a discrimination charge, testifying, or participating in an investigation, proceeding, or lawsuit against an employer.
Employer Liability for Harassment
An employer is automatically liable for harassment by a supervisor which results in a negative employment action, including:
- Termination,
- Failure to promote or hire, and
- Loss of wages.
An employer will be liable for harassment by employees who are not supervisors if they knew or should have known about the harassment and failed to take prompt and appropriate corrective action.
Everyone deserves to work in a respectful, professional environment. If a co-worker or supervisor makes an individual feel uncomfortable, they should bring it to their employer’s attention. If an employer fails to stop the harassment, parties may need to file a sexual harassment complaint in line with company policy. If nothing changes after one files a sexual harassment complaint, parties may need to take further legal action, possibly with the EEOC.
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If you or a loved one would like to learn more about Flirting At Work Sexual Harassment, get your free consultation with one of our Employment Attorneys today!