Sexual harassment is a common crime in the workplace. It refers to when someone makes you feel uncomfortable by making offensive sexual remarks or touching you without your consent. However, it is important what counts as acceptable behavior and what is an unlawful one to know when you should file a complaint. 

For example, a colleague complimenting your dress may not be harassment. But, them asking you for a sexual favor in exchange for something that will benefit you is. An Austin sexual harassment lawyer can help you understand the laws surrounding sexual harassment in the workplace to help protect your rights. 

What is sexual harassment?

According to Title VII of the Civil Rights Act of 1964, sexual harassment is a form of sex discrimination. It includes sexual requests, unwelcome sexual advances, physical or verbal sexual conduct. When submission or rejection of these acts directly or indirectly affect the person’s career and job, it is known as sexual harassment in the workplace. 

The EEOC offers a detailed account of what constitutes sexual harassment. It may include the following. 

  • The conduct must be offensive.
  • The behavior should be unwelcome by the victim.
  • Harassment can occur without any bodily injuries.
  • The harasser can be anyone in the workplace, including the employer, co-workers, supervisor, and even clients.
  • The victim and the harasser do not have to be of a specific gender.

Types of sexual harassment

One may experience sexual harassment in various forms. All of them fall into two categories. The Austin government recognizes two kinds of sexual harassment. 

  • Quid Pro Quo 
  • Hostile environment 

Quid Pro Quo 

A situation of Quid Pro Quo takes place when an employer, supervisor, or another senior requests the victim for sexual favors for giving them something that will benefit them in the workplace. Sexual favors can also work as a threat. 

For example, your employer may ask you for sexual favors in exchange for promoting you to a higher position in the company. At the same time, they may also ask you for such favors in exchange for not terminating you from the company. 

Hostile environment 

A hostile workplace occurs when the unlawful sexual conduct against the victim creates an uncomfortable workspace for them. It may unreasonably interfere with their job performance, even to the point where they are forced to skip work. There are two conditions are that determine liability: 

  • The employer knew or should have known about the harassment.
  • The employer did not take appropriate steps to stop it.