Sexual harassment law addresses unwelcome conduct of a sexual nature, or conduct based on someone's sex, that affects a person's employment or working environment. It is a recognized form of unlawful discrimination in the workplace.
The law generally describes two patterns. The first involves a workplace benefit or job action being tied to submitting to, or rejecting, sexual conduct. The second is a hostile work environment, where harassing behavior is severe or pervasive enough to make the workplace abusive. Harassment can come from supervisors, coworkers, or in some cases non-employees, and it can affect people of any sex.
Key concepts a non-lawyer should understand include the requirement that the conduct be unwelcome, the distinction between isolated rude behavior and harassment serious or repeated enough to be unlawful, and the legal protection against retaliation for reporting or opposing harassment. Many workplaces also have internal complaint procedures, and a government agency process often precedes a lawsuit.
People typically consult a lawyer when they have experienced ongoing harassment, when an internal complaint has not resolved the problem, when they face retaliation for speaking up, or when harassment leads to losing a job or other harm. A lawyer can explain available options and what documenting the conduct involves.
