The U.S. Equal Employment Opportunity Commission (EEOC) is the agency responsible for enforcing laws against workplace discrimination, including sexual harassment. It defines sexual harassment as “unwelcome sexual advances, requests for sexual favors or other verbal or physical harassment of a sexual nature” in the workplace. Sexual harassment can take place between the victim and a superior, supervisor, co-worker, or non-employee, such as a client or customer. Perpetrators can be both male and female, and the victim does not have to be of the opposite sex.

According to the EEOC, simple teasing, offhand comments, or isolated incidents are not recognized as sexual harassment. To constitute illegal sexual harassment, the conduct must be severe or pervasive, often indicated by a pattern of behavior. There are two types of illegal sexual harassment: quid pro quo and hostile or offensive work environment.

Sexual harassment in the workplace includes any unwelcome comments, conduct, or behavior regarding sex, gender, or sexual orientation. All employees should be aware of what constitutes sexual harassment and report any incidences that occur.

Examples of sexual harassment in the workplace include:

• Actual or attempted rape or sexual assault;
• Unwelcome deliberate touching;
• Pressure for sexual favors;
• Unwelcome and inappropriate comments;
• Unwanted gifts or communications;
• Treating employees differently based on their gender; and
• Retaliation against an employee for a sexual harassment complaint.

A hostile work environment is when discriminatory or harassing actions are so severe and pervasive that the actions interfere with the workplace.

This form of sexual harassment is categorized by a work environment that is hostile or abusive due to the unwelcome verbal or physical conduct of an employee or non-employee such as an outside sales representative or delivery person. The unwanted verbal or physical conduct must be severe or pervasive. Courts have described such conduct as that which creates an “arbitrary barrier to sexual equality at the workplace.”

There are many steps you can take to document and prove sexual harassment cases. It is helpful to keep track of the nature of the harassment, when the harassment occurred, who was involved, the location of the harassment, and if there were any witnesses. You should also tell the harasser their actions are unwelcome and making him or her uncomfortable. If the harassment continues you should inform your manager and consult the employee handbook about formal complaints. You must follow any sexual harassment policies your employer put in place. If that means reporting the event to a manager then you must take that step before pursuing action with the EEOC.

Forms of legal agreements may be misused to silence victims. One highly-publicized case is that of Harvey Weinstein, a Hollywood producer accused of sexually harassing various employees at his company for decades. He allegedly used non-disclosure agreements (NDAs) and confidential, out-of-court settlements to prevent these stories from being exposed. NDAs, out-of-court settlements, and arbitration agreements are all legal agreements that can hinder victims from speaking out publicly.