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The Legal Definition of Sexual Harassment: What You Need to Know
Definition & Meaning
Sexual harassment refers to unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that creates a hostile or abusive work environment. This behavior can affect an individual's employment conditions, potentially leading to legal consequences for both the harasser and the employer. Examples of sexual harassment include inappropriate touching, suggestive comments, and the display of sexually explicit materials. It is essential to recognize that sexual harassment can occur even if the behavior is not overtly sexual but is based on a person's gender.
Table of content
Legal Use & context
Sexual harassment is primarily addressed in civil law, particularly under employment law. It violates Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in the workplace. Employees can file complaints with the Equal Employment Opportunity Commission (EEOC) if they believe they have been subjected to sexual harassment. Legal forms related to reporting and addressing sexual harassment claims can be managed through resources like US Legal Forms, which provides templates drafted by attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
(Hypothetical example) An employee receives repeated unsolicited comments about their appearance from a coworker, which makes them uncomfortable. When they report this to their supervisor, no action is taken, leading to a hostile work environment.
(Hypothetical example) A manager implies that an employee's promotion depends on their willingness to go on dates with them. This behavior constitutes sexual harassment and can lead to legal action against the manager and the company.
Relevant laws & statutes
The primary law governing sexual harassment in the workplace is Title VII of the Civil Rights Act of 1964. Additional laws may include state-specific anti-discrimination statutes and local ordinances that provide further protections against sexual harassment.
State-by-state differences
State
Key Differences
California
Has specific laws requiring employers to provide sexual harassment training to employees.
New York
Requires employers to adopt a sexual harassment prevention policy and conduct annual training.
Texas
Follows federal guidelines but has fewer state-specific requirements for training.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Sexual Harassment
Unwelcome sexual advances or conduct that creates a hostile work environment.
Sex Discrimination
Unequal treatment based on a person's sex, which can include sexual harassment.
Hostile Work Environment
A work setting where harassment or discrimination creates an intimidating atmosphere.
Common misunderstandings
What to do if this term applies to you
If you believe you are experiencing sexual harassment, it is important to take action:
Document the incidents, including dates, times, and details of what occurred.
Report the behavior to your supervisor or human resources department.
If the issue is not resolved, consider filing a complaint with the EEOC or your state's labor department.
Explore US Legal Forms for templates that can assist you in filing complaints or documenting incidents.
Seek professional legal advice if the situation escalates or remains unresolved.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.