The frequency with which sexual harassment occurs in the workplace has recently been front and center, due in large part due to the #MeToo movement. However, the #MeToo movement...
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What Are the Different Types of Sexual Harassment?
Sexual harassment is unwanted conduct of a sexual nature that creates a hostile, offensive, or intimidating environment, and it is legally recognized as a form of sexual abuse under both state and federal law. It is never acceptable, whether it happens at work, in public, or anywhere else, and understanding its different forms can help you recognize it and take action. Understanding the different types of sexual harassment can help you recognize when it occurs and take action. If you or a loved one believe you may be a victim of sexual harassment, it’s crucial to speak up. We encourage you to schedule a confidential consultation with one of our attorneys as soon as possible. Contact us today at 503-222-6333 to discuss your case and learn how we can help you.
Key Takeaways
- Three broad forms of sexual harassment exist, including verbal, non-verbal, and physical sexual contact, each carrying its own legal implications.
- Quid pro quo harassment occurs when a person in authority conditions job benefits on an employee tolerating unwanted sexual conduct.
- Hostile work environment claims require repeated offensive behavior motivated by gender, not just a single incident.
- Both state and federal laws protect employees, and perpetrators as well as their employers can face civil and criminal accountability.
- Victims should seek help promptly, as an attorney can explain rights and options in a free, confidential consultation.
3 Types of Sexual Harassment
Unwelcome behavior includes abusive conduct and harassment. While most employees recognize harassment, especially sexual harassment, abusive conduct is less familiar.
In legal terms, sexual harassment and unwanted sexual contact are forms of sexual abuse. Not only is this behavior severe and inappropriate, but it is also unlawful, and perpetrators can be held accountable in both civil and criminal court.
When sexual abuse or harassment occurs on the job in Oregon (or while the perpetrator is performing work duties), the employer can often be held civilly liable. This can occur under state employment statutes like ORS 659A.030 or through personal injury claims for negligent hiring, supervision, or retention. Victims of sexual misconduct may have grounds to bring a civil lawsuit to recover damages for medical expenses, emotional distress, and trauma, independent of criminal proceedings.
Broadly speaking, there are three forms of sexual harassment. These are: (i) verbal sexual harassment, (ii) non-verbal sexual harassment, and (iii) physical sexual contact.
1. Verbal Sexual Harassment
Sexual assault involves physical acts like unwanted touching, kissing, and groping, while harassment can include verbal actions.
Verbal sexual harassment involves saying anything of a sexual nature to someone who is an unwilling recipient. If someone else says something to you that is either explicitly sexual or sexually-suggestive, and if what they say makes you uncomfortable, then you may be a victim of sexual harassment. Examples of verbal sexual harassment include:
- Requesting sexual favors
- Expressing a desire for sexual contact or conduct
- Using sexually-explicit language
- Telling sexual jokes
- Commenting on a person’s appearance
- Speaking in a sexual tone
- Using sexually-suggestive nicknames or terms of endearment
Not every sexually-charged comment rises to the level of sexual harassment, and the perpetrator’s intent can be a factor in some cases (e.g., if someone tells a sexual joke believing that it will be found funny, not offensive). However, there is a line that can be easily crossed; and, for individuals who feel that they have been victimized by verbal sexual harassment, it is important to consult with an attorney promptly.
Experiencing any form of sexual harassment - verbal, non-verbal, or physical - is not something you have to face alone. D'Amore Law Group offers a free, confidential consultation with no obligation. Get Help Here
2. Non-Verbal Sexual Harassment
Non-verbal sexual harassment is any form of unwanted sexual communication or conduct that involves something other than verbal speech but falls short of physical sexual contact. This includes sending emails and text messages that are sexually explicit or otherwise sexual in nature, as well as acts such as:
- Exposing oneself
- Blocking a hallway or doorway
- Blowing kisses or winking
- Showing sexually-explicit videos
- Staring, following, or stalking
Here, too, a single act of non-verbal sexual harassment will not necessarily give rise to a legal claim – although it is a possibility, depending on the circumstances involved. If you have any evidence (e.g., an email or text message), you should keep it to share with your attorney; and, if anyone saw what happened, he or she could serve as an important witness in your sexual harassment case as well.
Visual sexual harassment includes lewd gestures and non-verbal acts that convey offensive sexual content or intent.
3. Physical Sexual Contact
Physical sexual harassment is unwelcome contact of a sexual nature, including touching, hugging, groping, kissing, or rubbing against someone. It creates a hostile or intimidating environment. It ranges from minor acts like unwanted shoulder rubs to severe actions like sexual assault, especially when no consent is given.
Physical sexual harassment can have wide-ranging effects on victims, impacting their emotional well-being, physical health, work or academic performance, relationships, and overall quality of life. The severity and duration of these effects vary depending on the nature of the harassment, the individual’s circumstances, and the support they receive.
Examples of physical contact that can constitute sexual harassment, or that can blur the line between sexual harassment and sexual assault, include:
- Any form of unwanted touching
- Patting, grabbing, rubbing, or pinching
- Hugging or kissing
No matter where you are or what you are doing, you do not have to accept unwanted physical sexual contact. You have the right to your own personal sovereignty, and you cannot legally be forced to submit to unwanted physical sexual contact as a condition to receiving a job opportunity or anything else. If you or someone you care about has been victimized, a lawyer can help, and we strongly encourage you to contact a lawyer right away.
Sexual Harassment in the Workplace
Unlawful sexual harassment is unwelcome sexual conduct that disrupts work, affects employment decisions, or creates a hostile environment. It violates Title VII of the Civil Rights Act. Harassment is illegal if severe or frequent enough to change job conditions. It includes quid pro quo or hostile environment harassment.
- Quid Pro Quo Sexual Harassment – Quid pro quo is a Latin phrase that means, “this for that” or, “a favor for a favor.” In the employment context, quid pro quo sexual harassment typically involves a supervisor, manager, or executive offering an employment opportunity on the condition that the subordinate employee consents to sexual advances, contact, or conduct. This can involve either an overt request (e.g., “I’ll give you a promotion if . . . .”), or suggestive words or conduct that indicate that the superior is willing to provide an employment opportunity if a subordinate or candidate “offers” a sexual favor.
- Hostile Work Environment – A hostile work environment exists when instances of harassment, which may be insufficient to support legal claims on their own, are so pervasive that they make an employee uncomfortable returning to work each day. The instances of harassment do not have to involve – and generally do not involve – a quid pro quo. For example, if an employee is repeatedly subjected to unwanted sexual advances or regularly receives offensive emails or texts from a coworker (or multiple coworkers), this could create a hostile work environment.
Regardless of the specific circumstances involved, if you feel as though you have been sexually harassed, or if you are concerned that a loved one may be a victim, you should seek help promptly. At D’Amore Law Group, we represent victims of sexual harassment and sexual abuse throughout Oregon and Washington, and one of our attorneys will be happy to speak with you in person or over the phone in complete confidence.
Physical sexual harassment - unwanted touching, groping, or contact - can cross the line into assault, and your employer may be held liable too. Speak with an attorney free of charge. Schedule a confidential harassment consultation
Frequently Asked Questions
What are the main types of sexual harassment?
There are three main forms of sexual harassment: verbal, non-verbal, and physical sexual contact. Verbal harassment includes unwanted sexual comments, jokes, requests for sexual favors, and suggestive language. Non-verbal harassment covers acts such as indecent exposure, lewd gestures, sending explicit messages, and unwanted staring or following, while physical harassment involves any unwanted touching of a sexual nature.
What counts as verbal sexual harassment?
Verbal sexual harassment is any statement of a sexual or sexually suggestive nature directed at someone without their consent. Examples include inappropriate comments about a person’s appearance, explicit jokes, requests for sexual favors, sexually-charged nicknames, and speaking in a suggestive tone. A single incident may or may not rise to the level of a legal claim, but patterns of this conduct can create a hostile work environment under Oregon and Washington law.
What is non-verbal sexual harassment?
Non-verbal sexual harassment includes unwanted sexual conduct that does not involve spoken words but falls short of physical contact, such as sending explicit emails or texts, exposing oneself, blocking a person’s path, making sexual gestures, or repeatedly following or staring at someone. While it can be harder to identify than spoken harassment, these behaviors can be just as psychologically harmful and are recognized as legally actionable forms of misconduct. Courts assess the overall pattern and environment created by the conduct.
What is the difference between quid pro quo and hostile work environment harassment?
The main difference between quid pro quo and hostile work environment sexual harassment is the type of misconduct. Quid pro quo sexual harassment occurs when a supervisor conditions hiring, promotions, pay, or other job benefits on sexual favors. A hostile work environment occurs when severe or pervasive unwelcome conduct by a supervisor, coworker, or another person creates an intimidating, hostile, or offensive workplace that interferes with an employee’s ability to work.
What is digital sexual harassment?
Digital sexual harassment is unwelcome sexual conduct that occurs through digital communication platforms, including text messages, email, social media, messaging apps, online gaming platforms, video calls, and workplace communication tools. These actions can violate a person’s privacy, dignity, and safety while causing emotional harm, workplace or educational consequences, and potential legal liability.
What makes sexual harassment illegal in the workplace?
Sexual harassment becomes illegal under Title VII, ORS 659A.030, and RCW 49.60 when it is severe or frequent enough to change the terms of someone’s employment, or when it takes the form of quid pro quo demands. A single serious incident can be enough, but most claims involve a pattern of unwelcome conduct that a reasonable person would find hostile or abusive.
Book a Free, Confidential Consultation with a Trusted Sexual Harassment Lawyer in Oregon or Washington
If you want to discuss your legal rights or those of a loved one regarding types of sexual harassment, contact a harassment lawyer at D’Amore Law Group. You can call us directly or request a free, confidential consultation online today.
