Did you know that a McDonald's franchisee in Vermont was recently ordered to pay $1.6 million in damages for failing to protect workers from a manager who sexually harassed them over several years? This real-life case report from the American Civil Liberty Union shows how costly workplace harassment can become when you ignore the warning signs in the initial stage. Recognizing the signs of sexual harassment in your workplace prevents trauma and, most importantly, stops perpetrators from continuing harmful behavior patterns. So, exactly what is sexual harassment and how to spot it before it escalates? Keep on scrolling to find out!
Read More: Common Examples Of Sexual Harassment
The US Equal Employment Opportunity Commission (EEOC) defines sexual harassment in the workplace as any unwelcome sexual behavior that affects a person’s job or creates an uncomfortable work environment. This can include unwanted advances, requests for sexual favors, or verbal and physical conduct of a sexual nature. Any form of sexual harassment in the workplace is prohibited by law and considered unlawful.
Verbal Harassment involves written or spoken words of a sexual nature. The perpetrators may continue to make more inappropriate comments over time, which can cause trauma for many victims. The common verbal signs of sexual harassment include:
A few polite comments about your new clothing or hairstyle might not constitute sexual harassment. However, persistent personal comments about your appearance, including your body type, weight, or any specific features, indicate harassment. You can consider it a sign when the person continues to make those comments despite your request to stop.
Another common sexual harassment sign is when the person asks inappropriate questions about your sexuality, sexual activities, or your personal life. Such unwelcome questions about your marriage or relationship could indicate sexual harassment.
If you ask someone to stop flirting, but it continues, or when someone makes extreme advances, it could be a sign of sexual harassment. It could include extreme gifts, loud gestures of love, or attachment.
Some individuals will make comments based on your gender or sexuality, such as negative remarks about women and their inability to handle certain activities. It includes stereotyping male activities like manual labour.
When your colleague or supervisor jokingly asks for sexual favors regularly, even after you turn them down repeatedly, then it's a sign of sexual harassment. People, especially those in authority, may request sexual favors in exchange for promotions or special projects.
Read More: Sexual Harassment Training for Employees: Why and How to Conduct It
While verbal signs of sexual harassment are common and are quite simple to spot, non-verbal signs are also prevalent, yet still unrecognized. These signs, which can be physical or visual in nature, include,
Inappropriate facial expressions can make it obvious what the person thinks, even when they are not voicing their thoughts. Such leering, suggestive expressions or gestures, like mimicking the grabbing of your body part, are examples of harassment.
Unwanted advances like grabbing your body parts or hugs, lingering/unwanted touches can constitute sexual harassment. In many cases, physical contact with the victim who did not consent may also be considered harassment.
Some harassers deliberately share content that will make you feel uncomfortable, including pornographic or explicit materials. Leaving that material around your workspace also constitutes sexual harassment.
Social media platforms make it easier for perpetrators to easily find people online. Virtual staking, including heightened awareness of what you post on the platform or excessive content with abusive messages, also constitutes sexual harassment.
Sexual harassment at work can be confusing and make you feel alone, but you are not imagining or overreacting. If something feels wrong, it's fine to trust that feeling. In fact, according to EEOC, sexual harassment charges increased to 7,732 in fiscal year 2023, which is a nearly 25% increase from the previous year. So, if you are experiencing the signs of sexual harassment, follow these steps:
Check your Employer’s Sexual Harassment Policy and learn how and to whom to complain about the incident.
Even if you speak in person, put your complaint in writing and keep a copy of it.
Report the harassment to the EEOC, with the documented evidence
If you are being retaliated against by your employer, seek legal protection.
Now you have learned what sexual harassment is and how to report it to your employer. But how can you collect the evidence to support your complaint? Here’s how you can record your evidence:
Start a journal to record the harassment. Take note of who is responsible, what was said or done, and what time the incident occurred.
Talk to the witnesses of the incident, and write down/ record their statement.
Sexual harassment can also involve electronic correspondence. Save the emails, text messages, and voicemails as a backup to pursue legal actions.
Legal action against your employer may result in compensation for damages and a promise of a safer workplace. An attorney experienced in sexual harassment cases will help you understand your rights and options. You can pursue legal action against your employer in the following scenarios,
Harassment Persists: Legal action may be necessary when your reporting doesn't resolve the issue, and the harassment persists.
Coercion: If you are being coerced to withdraw the complaint with termination, then legal recourse is appropriate.
Ignorance of Issues: When your employer fails to address your concerns after multiple reports, then it's time to seek legal guidance.
If you are an employer who thinks any of your employees are suffering from sexual harassment, keep in mind that the signs are not always obvious. Even though you know what sexual harassment is, you may overlook the subtle signs in the busy work environment.
In fact, the statistics from Tulane University show that roughly 1 in 4 U.S. adults (26%) experienced sexual harassment or assault in the past year alone, including 32% of women and 15% of men. Here are some signs that signify your employee is being sexually harassed in the workplace.
The most common sign in a victim who has undergone sexual harassment is a noticeable change in their behaviour. Such changes indicate that they are trying to cope up or avoid further incidents. It can include,
Increased absenteeism or a sudden drop in their productivity
Unexplained anxiety or depression
Changes in attire or appearance.
If an employee who is known for their social and extroverted behavior suddenly becomes withdrawn, it could be a sign of sexual harassment. They might start to avoid team lunches, not participate in the meeting, and isolate themselves.
A sexually harassed employee might also suffer from physical signs caused by emotional distress due to the incident. Look out for
Signs of headaches, fatigue, or difficulty sleeping
Unexplained injuries or a general look of discomfort
Nervous habits like nail-biting, fidgeting, or avoiding eye contact
When an employee has been sexually harassed, they may become openly hostile or defensive as a protective measure. It is easy to misinterpret such behavior as a poor attitude. However, the root cause of such reactions should be addressed immediately.
Recognizing the signs of sexual harassment in your workplace is just the first step. You need to create a culture of compliance and safety, where your employees feel supported to report harassment if they experience any. Here’s how to prevent sexual harassment in your workplace,
Implement clear provincial sexual harassment policies and procedures for reporting the incident.
Provide regular sexual harassment training for all employees.
Ensure the management and HR department is approachable and supportive.
Take all reports of sexual harassment seriously and conduct a thorough investigation.
Read More: Sexual Harassment Training for Employees: Why and How to Conduct It
Every employee has the right to feel safe and comfortable at work. Sexual harassment is disturbingly common and often goes unreported due to fear, confusion, or uncertainty about what constitutes the line. Learning what sexual harassment is and how to recognize its signs in the workplace is the first step to building a secure and respectful environment for everyone. If you are concerned about sexual harassment in your workplace, report it to your supervisor or the human resources department. Suppose the harassment continues or your workplace fails to stop the abuse. Contact a lawyer to pursue a legal case.
Ready to create a workplace that is free from harassment and discrimination? Sign up for our online Sexual Harassment & Respectful Workplace to learn how to recognize, report, and correct inappropriate actions or behaviors, at your convenience.
What are the early signs of sexual harassment at work?
Early signs include unwanted comments, jokes, or gestures of a sexual nature, repeated personal questions, unnecessary touching, or persistent attention. Even subtle actions that create discomfort should not be ignored.
How can I tell if certain behavior is harassment or just inappropriate?
If the behavior is unwelcome, makes you uncomfortable, or affects your work environment, it may be harassment. The intent doesn’t matter; how the behavior is received is what defines it.
Does sexual harassment always involve physical contact?
No. Sexual harassment can be verbal, nonverbal, or digital. Offensive jokes, inappropriate messages, suggestive looks, or repeated invitations can all qualify even without physical contact.
What to do if I notice early signs of sexual harassment?
Document incidents, including dates and details, and report them to HR or a supervisor. Speaking up early helps stop the behavior before it escalates and ensures a safer workplace.