Drawing boundaries around sexual or romantic advances can be tricky. It is important to discern the difference between flirting vs. sexual harassment in order to identify what is and is not acceptable.
The difference between flirting and sexual harassment is consent. If an employee consents to romantic or sexual actions, that can be considered flirting and is acceptable. However, if the employee is clearly uncomfortable and rejects romantic or sexual advances, the unwanted advances may be considered sexual harassment and are unacceptable.
The Difference of Consent
Sexual harassment is unwanted sexual or romantic behavior. If the sexual or romantic behavior is welcome, then it may not constitute sexual harassment. If the behavior is unwanted, then it may be considered sexual harassment.
The same behavior may be perceived differently depending on consent. If an employee has expressed their consent to romantic actions from another coworker, then the behavior can be considered flirting. However, if a coworker continues to pursue an employee who had rejected romantic advances, that coworker may be committing sexual harassment. The underlying difference between the two situations is the presence of consent.
For example, an employee is receiving notes in her work area from another coworker. If the employee consents to receiving notes and welcomes the attention, then that may be considered flirting. However, if the employee has expressed their discomfort with receiving notes, then the attention may be considered sexual harassment.
If the employee consents, then the behavior is acceptable. If the employee does not consent, then the behavior is unacceptable and may be considered sexual harassment.
Is Staring Sexual Harassment?
If an employee consents to staring and considers it flirting, it is not sexual harassment. If an employee does not consent to being stared at and is uncomfortable with the attention, it may be considered sexual harassment if it meets other conditions. For behavior to be considered sexual harassment in California, the behavior must be extreme or pervasive.
On its own, staring is not an extreme form of sexual harassment. However, if the staring is pervasive and ultimately creates an uncomfortable work environment for the employee, it may be considered sexual harassment in California.
Related: Is Catcalling Sexual Harassment in California?
FAQs About Flirting vs. Sexual Harassment in California
When does sexual or romantic behavior become sexual harassment instead of flirting?
When sexual or romantic behavior is unwanted and continues despite rejection, it may be considered sexual harassment. Sexual harassment is unwanted sexual or romantic behavior. If an employee does not consent to the behavior, it becomes unwanted and thus may constitute sexual harassment.
Is staring considered sexual harassment?
If an employee consents to staring and considers it flirting, then it may not be considered sexual harassment. However, if the employee does not consent and the staring is pervasive, creating an uncomfortable work environment, then the staring may be considered sexual harassment.
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