No one should have to endure sexual harassment at work. Whether you’re facing unwanted advances, inappropriate comments, or a hostile work environment, the law protects you. Sexual harassment is a form of sex discrimination, and victims can pursue legal claims against their employers for allowing it to happen.
Quick Answer
You may be able to sue your employer for sexual harassment if you experienced unwelcome sexual conduct that was severe or pervasive enough to create a hostile work environment, or if a supervisor’s harassment resulted in a tangible job consequence (firing, demotion, etc.). You’ll typically need to file an EEOC charge before suing. Many victims receive substantial settlements or verdicts.
What Is Sexual Harassment?
Sexual harassment is unwelcome conduct of a sexual nature that affects a person’s employment. It includes:
Quid Pro Quo Harassment
“This for that” harassment occurs when:
- A supervisor demands sexual favors in exchange for job benefits
- Refusing sexual advances results in negative job consequences
- Submitting to harassment is made a condition of employment
Examples: “Sleep with me or you’re fired,” demoting someone who rejected advances, promising a promotion in exchange for sexual favors.
Hostile Work Environment
Unwelcome sexual conduct that is so severe or pervasive that it creates an intimidating, hostile, or offensive work environment. This can include:
- Sexual comments, jokes, or innuendo
- Displaying sexually explicit images
- Unwanted touching or physical contact
- Sexual gestures or leering
- Spreading sexual rumors
- Repeated requests for dates after being refused
- Comments about someone’s body or appearance
Legal Standards for Hostile Work Environment
To constitute illegal harassment, the conduct must be:
| Element | What It Means |
|---|---|
| Unwelcome | You didn’t invite or encourage the behavior |
| Based on sex | The conduct was sexual in nature or targeted you because of your sex |
| Severe or pervasive | Serious enough or frequent enough to alter your work conditions |
| Objectively hostile | A reasonable person would find it hostile or abusive |
| Subjectively hostile | You personally found it hostile or abusive |
What Courts Consider
When evaluating whether conduct created a hostile environment, courts look at:
- Frequency of the conduct
- Severity of the conduct
- Whether it was physically threatening or humiliating
- Whether it unreasonably interfered with work performance
- The context in which it occurred
A single severe incident (like sexual assault) can create a hostile environment. Less severe conduct typically must be repeated or pervasive.
Who Can Be Held Liable?
Supervisor Harassment
If a supervisor harasses you:
- Tangible job action: Employer is automatically liable if harassment resulted in firing, demotion, denial of promotion, or similar action
- No tangible action: Employer may have a defense if they can show they exercised reasonable care to prevent harassment AND you unreasonably failed to use available complaint procedures
Coworker Harassment
Employers are liable for coworker harassment if:
- They knew or should have known about the harassment
- They failed to take prompt and appropriate corrective action
Third-Party Harassment
Employers may be liable for harassment by customers, vendors, or other non-employees if they knew about it and failed to take reasonable steps to stop it.
Steps to Take If You’re Being Harassed
1. Document Everything
Keep detailed records:
- Dates, times, and locations of incidents
- What was said or done
- Names of witnesses
- How you responded
- How it affected you and your work
- Save emails, texts, photos, or other evidence
2. Tell the Harasser to Stop
If you feel safe doing so, clearly communicate that the behavior is unwelcome. This isn’t legally required, but it helps establish that the conduct was unwanted.
3. Report to Your Employer
Use your company’s complaint procedure to report the harassment:
- Follow the process in your employee handbook
- Report to HR, a supervisor, or designated official
- Put your complaint in writing
- Keep copies of everything you submit
Why this matters: Reporting gives your employer a chance to fix the problem. If you don’t report, your employer may have a defense to liability.
4. File an EEOC Charge
Before suing under federal law, you must file a charge with the EEOC:
- Deadline: 180 days from the last incident (300 days in states with equivalent agencies)
- Process: EEOC investigates and may attempt mediation
- Right to sue: After investigation (or 180 days), you can request a right-to-sue letter
5. Consult an Attorney
An employment attorney can:
- Evaluate the strength of your case
- Help you navigate the EEOC process
- Negotiate with your employer
- Represent you in litigation
What You Can Recover
Successful sexual harassment claims can result in:
- Back pay – Lost wages if you were fired or forced to quit
- Front pay – Future lost earnings
- Compensatory damages – Emotional distress, mental anguish, humiliation
- Punitive damages – To punish especially egregious conduct
- Attorney fees and costs
- Reinstatement – If you lost your job
- Policy changes – Injunctive relief requiring employer to change practices
Federal law caps compensatory and punitive damages based on employer size ($50,000-$300,000), but state laws may allow higher awards.
Retaliation Protection
It’s illegal for your employer to retaliate against you for:
- Reporting sexual harassment
- Participating in an investigation
- Filing an EEOC charge
- Testifying in a harassment case
- Opposing harassment you witness
Retaliation includes firing, demoting, reducing hours, giving bad assignments, or any other adverse action. Many successful cases involve retaliation claims.
Frequently Asked Questions
Does sexual harassment have to be physical?
No. Sexual harassment includes verbal conduct (comments, jokes, propositions), visual conduct (displaying images, leering), and physical conduct (touching, blocking movement). Verbal and visual harassment can create a hostile environment if severe or pervasive enough.
Can men be sexually harassed?
Yes. Sexual harassment laws protect everyone regardless of gender. Men can be harassed by women, by other men, or can experience harassment based on not conforming to gender stereotypes.
What if the harasser is the same sex as me?
Same-sex sexual harassment is illegal. The harassment must be “based on sex,” which can include sexual desire, hostility to one sex, or treating someone differently because of their sex.
Do I have to report to HR before suing?
You’re not legally required to report internally before filing with the EEOC. However, if you don’t use your employer’s complaint procedure, they may have a defense to liability—especially for supervisor harassment that didn’t result in a tangible job action.
What if my employer did nothing after I reported?
This strengthens your case. Employers must take prompt and appropriate corrective action when they learn of harassment. Failure to respond—or an inadequate response—can make them liable.
Can I sue if the harassment happened years ago?
EEOC deadlines are strict: 180 days (or 300 days in some states) from the last incident. However, ongoing harassment can extend the deadline. State law claims may have different deadlines. Consult an attorney promptly.
When to Contact a Lawyer
Consider consulting an employment attorney if:
- You’re experiencing ongoing sexual harassment
- You’ve reported harassment and nothing changed
- You’ve suffered adverse consequences for reporting
- You were fired, demoted, or forced to quit due to harassment
- The harassment was severe (assault, explicit threats)
- Your EEOC deadline is approaching
Many employment attorneys offer free consultations and take sexual harassment cases on contingency—you pay nothing unless you win.
Last updated: January 2025
This article provides general information about sexual harassment in the United States. Laws vary by state and individual circumstances. Consult with a qualified employment attorney in your state for advice specific to your situation.
