While sexual harassment is often physical in nature, employees can (and do) experience various forms of non-physical sexual harassment on the job as well. Whether sexual harassment is physical or non-physical in nature, employees who are victims have the same legal rights. Sexual harassment is prohibited under New York and federal law, and employees who experience sexual harassment in the workplace can (and should) hire an employment lawyer to help them take appropriate legal action.
Non-Physical Conduct Can (and Often Does) Constitute Sexual Harassment
Sexual harassment in the workplace is prohibited as a form of sex-based discrimination under both Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. While not all remarks and gestures of a sexual nature will necessarily constitute non-physical sexual harassment in all cases, employees can pursue claims in a wide range of circumstances. As the U.S. Equal Employment Opportunity Commission (EEOC) explains:
“Unwelcome sexual advances, requests for sexual favors, and other verbal . . . conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment.”
Similarly, a pamphlet published by the New York Attorney General’s Office lists the following as forms of sexual harassment that may violate Title VII, the New York State Human Rights Law, or both:
- Comments about a person’s gender or sexual preferences
- Displaying pornographic images
- Requests for sexual favors or of a sexually suggestive nature
- Sexual gestures
- Sexually offensive remarks or jokes
If you have been threatened, if you felt offended or pressured, or if you experienced any adverse employment-related consequences related to what you perceived to be a form of non-physical sexual harassment, it will be worth talking to an employment lawyer. Hostile and offensive work environments rarely improve on their own, and this means that taking legal action is often the only practical course of action for victims.
Examples of Non-Physical Sexual Harassment in the Workplace
Determining whether an employee has grounds to file a non-physical sexual harassment claim requires a case-specific analysis. Keeping this in mind, the following are all examples of non-physical sexual harassment that may provide grounds to take legal:
Verbal Sexual Harassment
Making sexual remarks about a person’s appearance, commenting on a person’s sexuality or sexual orientation, making sexual requests, and sharing stories about sexual experiences are all common forms of verbal sexual harassment in the workplace. As noted above, sexual jokes and offensive sexual remarks can constitute sexual harassment in the workplace as well, although these are more likely to require repeated, pervasive, or systemic harassment in order to provide grounds to take legal action.
Visual Sexual Harassment
Sexual gestures, staring or gawking, following, displaying or sharing sexual or pornographic images, and other similar acts can constitute non-physical sexual harassment in the workplace as well. Whether a single instance is sufficient to warrant legal action or evidence of a pattern of harassment and disregard is required will depend on the specific circumstances involved.
Cyber Sexual Harassment
Written comments and requests sent via email, direct message or text can constitute cyber sexual harassment in the workplace. The same is true of sharing sexual images, videos, links and memes. This is true whether you receive these on your work computer or phone or you receive them on a personal device. While we know it can be difficult and uncomfortable, if you have electronic evidence of non-physical sexual harassment in the workplace, you should keep this to share with your employment lawyer.
Sexual Requests from Superiors (Quid Pro Quo)
If you have received a sexual request from a superior, this can constitute a clear form of non-physical sexual harassment as well. A sexual request that is either implicitly or explicitly tied to a job opportunity or a threat of termination, reassignment or demotion is classified as “quid pro quo” sexual harassment under both New York and federal law.
Employers Can Be Held Liable for Non-Physical Sexual Harassment By Coworkers and Superiors
When employees engage in non-physical sexual harassment, their employers can generally be held accountable. This applies to sexual harassment perpetrated by employees at all levels—from a victim’s coworkers to a victim’s superiors. For example, as stated in Section 1604.11 of Title 29 of the Code of Federal Regulations (CFR), in sexual harassment cases filed with EEOC:
“With respect to conduct between fellow employees, an employer is responsible for acts of sexual harassment in the workplace where the employer (or its agents or supervisory employees) knows or should have known of the conduct, unless it can show that it took immediate and appropriate corrective action.”
These same principles generally apply outside of the EEOC context as well. As a general rule, employers have a legal duty to ensure that their workplaces are safe for their employees, and if they fail to meet this duty, they can face liability for the consequences of their failure. Depending on the circumstances, this may involve financial liability for a victim’s lost earnings and other damages, liability for reinstatement or promotion, liability to make changes that better protect employees going forward, or all of the above.
If you believe that you may be a victim of nonphysical sexual harassment in the workplace, you owe it to yourself to ensure that you are making informed decisions about asserting your legal rights. This involves discussing your situation with an experienced employment lawyer, and you can get started by scheduling a free and confidential consultation.
Schedule a Free and Confidential Consultation with a New York Employment Lawyer Today
Do you have questions about filing a sexual harassment claim in New York related to non-physical conduct? If so, we strongly encourage you to get in touch. To schedule a free and confidential consultation with an experienced New York employment lawyer at Bell Law Group, call us at 516-280-3008 or tell us how we can reach you online today.
