Sexual Harassment

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What Is It?

Sexual harassment includes unwelcome sexual advances, conduct of a sexual nature and requests for sexual favors. For work- and school-related sexual harassment, it must explicitly or implicitly affect a person’s employment, unreasonably interfere with work or school performance or create an intimidating, hostile or offensive work or school environment. (Although we focus here mainly on sexual harassment occurring in workplaces and schools, note that sexual harassment can take place across many different settings and organizations.) 

Victims include those being harassed as well as anyone affected by the offensive conduct.

What to Know

Prevalence

Unfortunately, sexual harassment is common at schools.

  • Almost half of students in grades 7 to 12 in the U.S. experience some form of sexual harassment at school during the academic year (Hill & Kearn, 2011).
  • More than 4 in 10 college students across the country experience at least one sexual harassing behavior during college. Almost 1 in 5 report sexually harassing behavior that either interferes with their academic/professional performance, limits their ability to participate in an academic program, or creates an intimidating, hostile or offensive social, academic or work environment. Rates are highest for undergraduate transgender or gender nonconforming college students and women. The vast majority of harassers are other students, except in the case of graduate/professional students; they are more likely to report harassers who are in positions of authority at the school. (Cantor et al., 2019)
  • Cantor et al. (2015) found that college students with disabilities have rates higher for experiencing sexual harassment than students without disabilities.

Sexual harassment occurs in workplaces. The federal Equal Employment Opportunity Commission (EEOC) received 7,609 sexual harassment charges in FY 2018. The vast number were filed by females (about 84%). The EEOC and state/local fair employment practices agencies (FEPA) together received 11,364 sexual harassment charges in FY 2011. (The West Virginia Human Rights Commission is a FEPA.)

  • More than a third of women in corporate America experience sexual harassment during their careers (Thomas et al., 2018). Some female groups experience more than others—for example, 55% of women in senior leadership, 48% of lesbian women and 45% of women in technical fields.
  • Compared with other female workers, female supervisors are more likely to experience harassing behaviors, label them as such and report a more varied and sustained harassment (McLaughlin, Uggen & Blackstone, 2012). Male supervisors, in contrast, are no more or less likely to experience sexual harassment than are other male workers.

Types of work organizations particularly prone to occurrences of sexual harassment are those that are male dominated, very hierarchical and permissive of this conduct (Cooper, 2017; Buchanan et al., 2014).

As with other forms of sexual violence, sexual harassment in schools and the workplace often goes unreported. However, heightened media attention to sexual harassment in recent years has led more sexual harassment victims to share their experiences.

The Prison Rape Elimination Act (PREA) of 2003 addresses sexual abuse that occurs in correctional facilities, including sexual harassment. It defines sexual harassment as: repeated and unwelcome sexual advances, requests for sexual favors or verbal comments, gestures or actions of a derogatory or offensive sexual nature by one inmate toward another; and repeated verbal comments or gestures of a sexual nature to an inmate by staff, including demeaning references to gender, sexually suggestive or derogatory comments about body or clothing or obscene language or gestures. U.S. prison and jail administrators reported from 2013-15 an estimated 15,875 allegations of inmate-on-inmate sexual harassment (Rantala, 2018). Over 2,400 of these allegations were substantiated. There were over 14,310 allegations of staff-on-inmate sexual harassment. Of those allegations, 527 were substantiated.

Examples

Sexual harassment happens when one person uses sexual words, gestures, looks or touches that may make another person feel uncomfortable or unsafe. It can include offering academic benefits or employment advancement in exchange for sexual favors or making threats after a negative response to sexual advances. Some specific examples of sexual harassment are listed below. Note that the behavior(s) that constitute sexual harassment may not be intrinsically harassing but are considered so depending upon the context and impact of the behaviors on a person.

  • Verbal/Written
    • Requesting sexual favors
    • Repeatedly asking a person out
    • Making sexual innuendoes/comments with sexual overtones
    • Describing attributes of a person’s body, clothing or behavior in a sexual manner
    • Telling sexual or sex-based jokes
    • Asking about a person’s sexual experiences, fantasies or preferences
    • Spreading rumors about a person’s personal or sexual life
    • Making statements that threaten a person or involve sexual bribery
    • Making threats after a negative response to sexual advances
    • Calling a person sexually oriented names such as hunk, doll, babe or honey
    • Calling a person a sexually derogatory name such as bitch, whore or slut
  • Nonverbal/Visual
    • Looking/staring up and down a person’s body
    • Making facial expressions of a sexual nature such as leering, winking, throwing kisses or licking lips
    • Making sexually suggestive or derogatory gestures
    • Sending/distributing sexually explicit or derogatory posters, drawings, pictures, cartoons, cards, publications, screensavers, novelties, etc.
    • Creating public graffiti about a person’s sexuality
    • Touching or rubbing oneself sexually in view of another person
    • Exposing oneself to another person
    • Following a person
  • Physical
    • Impeding or blocking a person’s movement/path
    • Inappropriately touching a person or a person’s clothing
    • Standing closer than appropriate or necessary to a person
    • Assaulting a person
    • Having unwanted sexual contact with a person
    • Patting, hugging, kissing or stroking

How is flirting different from sexual harassment? The determining factor is the impact the act has on the individual it was directed toward. Flirting is enjoyable to both people. If the behavior is sexual in nature, is unwelcome and makes the person it is directed at feel uncomfortable or unsafe, then it is sexual harassment.

Forms

There are two forms of sexual harassment in schools and workplaces:

  • Quid Pro Quo (“This for That”): Employment or educational decisions that are made on the condition that a person accept unwelcome sexual behavior. A quid pro quo harassment behavior is chargeable even if it happens only once.
  • Hostile Environment: Pervasive (persistent or all encompassing) sex-related verbal or physical conduct that is unwelcome or offensive and has the purpose or effect of unreasonably interfering with work or school performance. In order for this conduct to be considered sexual harassment, the hostile environment must either be extreme or “sustained and non-trivial.”

Sexual harassment is usually intentional, but sometimes people don’t realize that they are sexually harassing another person. However, it is NEVER the fault of the victim.

U.S. Supreme Court Decisions

With a hostile environment, the intent of the harasser is not a factor in determining whether or not the sexual harassment has occurred. The impact of the behavior is the critical factor. A person does not have to demonstrate that he or she was harmed by the harassment, only that the harasser created a hostile environment or committed quid pro quo offenses. Institutions and organizations can be held legally responsible for sexual harassment if they knew, or should have known, that it was occurring and did not take all reasonable measures to remedy and prevent it. Even if the entity did not know (or should not have known) about the harassment, it is liable for damages if the harasser is a supervisor.

Impact

Sexual harassment can cause victims to feel:

  • Powerless, helpless, guilt and anger
  • Self-blame, depression, lowered self-esteem
  • Isolation
  • Rejection by peers
  • Concern about their mental and physical well-being

At school, sexual harassment can cause:

  • Inability to concentrate
  • Lower grades
  • Withdrawal from courses
  • Changing majors
  • Absenteeism
  • Dropping out of school

In the workplace, sexual harassment can cause/lead to: 

  • Decreased productivity
  • Denial of advancement and/or benefits
  • Retaliation by harasser
  • Loss of income or job

Civil Rights Violation

In West Virginia, sexual harassment is usually not a criminal offense unless it includes elements that fall under criminal laws, such as sexual abuse or assault, domestic violence or stalking. An exception comes via a State cyberbullying law—WVC §61-3C-14c—that makes it illegal to electronically harass, intimidate or bully a minor. According to this law, it is unlawful to post or disseminate (or encourage others to post) private, personal or sexual information pertaining to a minor on the Internet, or post obscene material in real or doctored images of a minor on the Internet.

Sexual harassment is considered a civil rights violation of U.S. and/or state discrimination laws in qualifying settings. Different laws apply to different settings and not all settings are covered.

Title VII of the Civil Rights Act of 1964. This federal act categorizes sexual harassment as a form of sex discrimination. It applies only in the following settings:

  • Government offices (local, state and federal)
  • Businesses with 15 or more employees
  • Employment agencies
  • Labor organizations

The West Virginia Human Rights Act prohibits sexual harassment as a form of sex discrimination in employment, in places of public accommodations, and in housing. A place of public accommodations is any establishment or person which offers its services, goods, facilities, or accommodations to the general public. includes “private” facilities and programs which are open to the public, and state and local governmental agencies and programs.

If You Are Sexually Harassed

If you feel uncomfortable and/or think that someone’s behavior is inappropriate, trust your own judgment.

  • Recognize that ignoring sexual harassment typically will not make it stop.
  • Inform the harasser(s) directly that the conduct is unwelcome and must stop. Often the harassing is done to assert power and induce fear. However, it is not always safe for victims to confront their harassers, for reasons of physical safety, concerns for losing their job or of retaliation. Victims do not have to inform their harassers that their behavior is unwelcome in order to file a complaint of sexual harassment, if doing so may jeopardize their physical safety, emotional well-being or work/school success.
  • Document the harassing behavior. Write down specifically what was done or said and if there were other witnesses. In addition to documenting incidences of sexual harassment, also keep notes about negative actions that result from the harassment (e.g., a demotion, declining work/school performance as demonstrated from grades or an evaluation or stress-related illness as documented from health care provider visits). Keep a copy of any written communication sent to/from the harasser. Tell someone in authority about the harassment.
  • Talk to family members, friends and/or co-workers whom you believe you can trust and will be supportive. Ask for help, support and guidance. Don’t remain silent.
  • Become familiar with sexual harassment policies and grievance or complaint procedures that apply to your situation.
  • Formally report the harassment and file a complaint with the applicable entity (e.g., your school, workplace, facility administration, etc.), if necessary (see below).
  • Take legal action. When no other recourse exists, you may choose to file a lawsuit under federal laws.

If your physical safety or wellbeing are issues: You are encouraged to reach out to a rape crisis center advocate or another professional or support person for help in creating a plan to enhance your safety and wellbeing.

Where victims file a complaint depends on where the harassment occurred and/or the type of harassment.

  • West Virginia Human Rights Commission (HRC) for employment-related complaints, housing-related complaints, and public accommodations-related complaints: Call 304-558-2616 or go to its website.
  • West Virginia Division of Personnel, Office of Equal Employment Opportunity (OEO) for State employees: Call 304-558-0400 or go to its website.
  • U.S. Equal Employment Opportunity Commission (EEOC) for qualifying workplaces (most employers with at least 15 employees): Call 1-800-669-4000 or 1-800-669-6820 (TTY) or go to its website.
  • U.S. Department of Education, Office of Civil Rights (OCR) for schools and colleges that receive federal financial assistance: Call 1-800-421-3481 or go to its website.

These organizations have specific processes and time frames in which a complaint is to be filed after sexual harassment occurs.

  • WV HRC: Go to its website to access its pre-complaint forms and for directions for filing a complaint. File within 365 days of the date of the last harassment.
  • WV OEO: Go to its website to access its complaint form. Then submit the completed form to the applicable agency’s supervisor/EEO counselor. If the issue is not informally resolved, a complaint can be filed with the WV Human Rights Commission.
  • U.S. EEOC: On its website, go to the page, Filing a Charge of Discrimination, for instructions. For complaints at a federal workplace, contact the EEO office of the agency where the harassment occurred. For all, file within 180 days of the last harassment (this time frame may be extended to 300 days if a state/local agency enforces a law that prohibits the same discrimination on the same basis).
  • U.S. OCR: Go to its website and click on Filing a Civil Rights Complaint. File within 180 days of the date of the last harassment (extensions may be available in certain circumstances).

Also see the website sections, What Victims Need to Know, Victimization in Detention and Campus Sexual Violence.

Prevention

Prevention is the best tool to eliminate sexual harassment in institutional settings. Institutions begin taking steps to prevent sexual harassment by (Adapted from EEOC, 2002):

  • Clearly communicating to their constituents that sexual harassment will not be tolerated
  • Having an effective complaint or grievance process in place
  • Taking immediate and appropriate action when a constituent complains

Resources

Sexual Harassment Brochure
Related Resources
References

American Association of University Women Educational Foundation. (2001). Hostile hallways: Bullying, teasing and sexual harassment in school. Washington, DC: American Association of University Women (AAUW).

Buchanan, N.T., Settles, I.H., Hall, A.T. & O’Connor, RC. (2014). A review of organizational strategies for reducing sexual harassment: Insights from the U. S. Military. Journal of Social Issues, 70(4).

Cantor, D., Fisher, B., Chibnall, S., Harps, S., Townsend, R., Thomas, G., Lee, H., Kranz, V., Herbison, R. & Madden, K. (2019, revised 2020). Report on the AAU campus climate survey on sexual assault and sexual misconduct. Washington, DC: Association of American Universities.

Cantor, D., Fisher, B., Chibnall, S., Townsend, R., Lee, H., Bruce, C., & Thomas, G.  (2015). Report on the AAU campus climate survey on sexual assault and sexual misconduct. Washington, DC: Association of American Universities (AAUW).

Cooper, M. (November 27, 2017). The 3 things that make organizations more prone to sexual harassment [Article]. The Atlantic.

Equal Employment Opportunity Commission (EEOC). (2002). Facts about sexual harassment [Web page]. Washington, DC: Author.

Equal Employment Opportunity Commission (EEOC). (n.d.) Sexual harassment charges EEOC & FEPAs combined: FY 1997 – FY 2011 [Table]. Washington, DC: Author.

Equal Employment Opportunity Commission. (n.d.) Charges alleging sex-based harassment (Charges filed with EEOC): FY 2010 – FY 2018 [Table]. Washington, DC: Author.

Hill, C. & Kearn, H. (2011). Crossing the line: Sexual harassment at school. Washington, DC: Association of American Universities (AAU).

McLaughlin, H., Uggen, C. & Blackstone, A. (2012). Sexual harassment, workplace authority, and the paradox of power. American Sociological Review XX(X), 1 –23.

Rantala, R.R. (2018). Sexual victimization reported by adult correctional authorities, 2012-15. Washington, DC: U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics.

Raver, J. & Gelfand, M. (2005). Beyond the individual victim: linking sexual harassment, team processes, and team performance. Academy of Management Journal, 48(3).

Thomas, R. Cooper, M., Konar, E., Rooney, M. Noble-Toller, M. Bohrer, A., Yee, L. et al. (2018). Women in the workplace 2018. LeanIn.Org & McKinsey and Company.

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