Legal Definitions - hostile-environment sexual harassment

Hostile-environment sexual harassment occurs when unwelcome conduct of a sexual nature creates an intimidating, hostile, or offensive work or educational environment, or unreasonably interferes with an individual's work performance or educational opportunities. This conduct does not necessarily involve demands for sexual favors, but rather an atmosphere made intolerable by sexualized behavior. For such a claim to be valid, the conduct must be severe or pervasive enough that a reasonable person would find the environment hostile or abusive, and the individual experiencing it must also subjectively perceive it as such.

Here are some examples illustrating hostile-environment sexual harassment:

• Example 1: The Persistent Prankster

  A male employee in an office consistently sends sexually explicit memes and jokes to his female colleagues via internal messaging, despite being asked to stop. He also frequently makes comments about their clothing and appearance in team meetings, causing them to feel uncomfortable and disrespected. While no direct threats or demands for sexual favors are made, the cumulative effect of his behavior creates an atmosphere where the female employees feel constantly on edge and unable to focus on their work without enduring offensive content.

  This example illustrates hostile-environment sexual harassment because the employee's conduct, though not involving a direct demand for sexual favors, is both unwelcome and pervasive. The repeated nature of the sexually explicit content and comments creates an intimidating and offensive work environment that interferes with the female colleagues' ability to perform their jobs comfortably and effectively.

• Example 2: The Unwanted Admirer

  A university professor frequently makes inappropriate comments about a particular student's physical appearance during class and office hours. He also sends her unsolicited personal emails late at night, praising her beauty and suggesting they meet outside of academic contexts. The student feels increasingly anxious and avoids attending the professor's office hours, even when she needs academic assistance, because his behavior makes her feel unsafe and targeted. She finds it difficult to concentrate in his class due to the constant discomfort.

  This scenario demonstrates hostile-environment sexual harassment because the professor's unwelcome and persistent comments and emails create an intimidating and offensive educational environment for the student. This conduct interferes with her ability to access academic support and participate fully in her education without feeling harassed and distressed.

• Example 3: The Client's Crude Behavior

  A female marketing consultant is assigned to a long-term project with a major client. During several project meetings, the client's CEO repeatedly tells crude sexual jokes, makes lewd gestures, and touches her arm or back unnecessarily, despite her clear discomfort and attempts to professionally redirect the conversation. The consultant feels she cannot directly confront the CEO for fear of jeopardizing the lucrative account, but the constant exposure to his behavior makes her dread every interaction and significantly impacts her ability to perform her duties without experiencing severe stress and humiliation.

  This example illustrates hostile-environment sexual harassment because the client's CEO engages in severe and pervasive unwelcome conduct of a sexual nature. Even though the harasser is not her employer, his actions create an intimidating and offensive professional environment that unreasonably interferes with the consultant's ability to perform her work effectively and professionally.