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can you go to court for verbal sexual harassment

Can You Go to Court for Verbal Sexual Harassment?

Have you ever been the target of unwanted sexual comments, jokes, or gestures at work? If so, you’re not alone. Verbal sexual harassment is, unfortunately, all too common in many workplaces. But can you actually take legal action against the harasser? The short answer is yes, verbal sexual harassment can potentially lead to a civil lawsuit or even criminal charges in some cases. Let’s break it down.

What Exactly Is Verbal Sexual Harassment?

First things first, what qualifies as verbal sexual harassment? According to the U.S. Equal Employment Opportunity Commission (EEOC), it‘s any unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

• Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment.
• Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting that person.
• Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

Some examples of verbal sexual harassment include:

• Making derogatory comments about someone’s body or appearance
• Telling lewd jokes or sharing sexual anecdotes
• Making sexual comments or innuendos
• Asking about someone’s sexual fantasies or preferences
• Repeatedly asking someone out despite being turned down

It’s important to note that the harassment doesn’t have to be motivated by sexual desire. Comments or conduct based on gender stereotypes can also constitute harassment if they create an intimidating or offensive work environment.

The Legal Side of Things

So when does verbal sexual harassment cross the line into illegal territory? Generally speaking, isolated incidents or offhand comments are not considered unlawful, as annoying as they may be. For verbal harassment to be illegal, it must be either severe or pervasive.“Severe” means the harassment was extremely serious from the outset, like a direct sexual assault or threat. “Pervasive” means a pattern of offensive conduct that creates a hostile work environment, even if no single incident was terribly severe on its own.It’s a high bar to clear, but not impossible. Courts look at the totality of the circumstances, including the nature, frequency, and context of the harassing behavior. They also consider whether a reasonable person would find the conduct hostile or abusive.If the harassment meets that legal standard, the victim may be able to file a civil lawsuit against the harasser and/or the employer for monetary damages and other relief. In some egregious cases, the harasser could potentially face criminal charges like stalking or making criminal threats.

What to Do If You’re Being Harassed

If you‘re dealing with verbal sexual harassment at work, the first step is to tell the harasser directly and unequivocally that their behavior is unwelcome and needs to stop immediately. This helps establish that the conduct was indeed unwelcome.Next, follow your employer‘s sexual harassment reporting procedures to the letter. Provide detailed documentation of each incident, including:

• Dates
• Times
• Locations
• Witnesses
• Description of exactly what was said or done

Your employer is legally obligated to promptly investigate the allegations and take appropriate corrective action to stop the harassment. Potential remedies include:

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• Disciplining or terminating the harasser
• Separating you from the harasser
• Providing counseling
• Implementing anti-harassment training

If your employer fails to address the situation adequately after you’ve made a formal complaint, that’s when you may want to consult an employment lawyer about filing a charge with the EEOC and potentially pursuing a civil lawsuit.It’s also wise to keep meticulous records of all incidents, communications with management, and any retaliation you experience for reporting the harassment. This documentation will be critical evidence if legal action becomes necessary.

The Bottom Line

No one should have to endure verbal sexual harassment, period. While the legal standards are fairly high, severe or pervasive harassment can potentially lead to civil liability or even criminal charges in extreme cases.If you‘re being harassed at work, don’t wait – report it right away using all available channels. And if your employer fails to take appropriate corrective action, strongly consider consulting an experienced employment lawyer to explore your legal options. You have rights, and no job is worth enduring a hostile work environment.

Dealing With Verbal Sexual Harassment: A Step-by-Step Guide

Experiencing verbal sexual harassment at work or anywhere else can be an incredibly difficult, violating, and stressful situation. You may feel confused, embarrassed, or even afraid to speak up. But know this – you don’t have to tolerate harassment, and you have legal rights and options.Here’s a step-by-step guide on how to properly address verbal sexual harassment:

Step 1: Identify the Harassment The first step is recognizing that you‘re experiencing verbal sexual harassment. As we discussed earlier, this includes unwelcome sexual comments, jokes, innuendos, requests for sexual favors, and other inappropriate verbal conduct of a sexual nature.It’s normal to feel uncertain at first about whether the behavior crosses the line into harassment territory. But if the comments or conduct make you uncomfortable and seem inappropriate for the workplace (or any other setting), trust your instincts.

Step 2: Tell the Harasser to Stop Once you’ve identified the harassing behavior, the next step is to directly and firmly tell the harasser that their words or actions are unwelcome, offensive, and need to stop immediately. Be clear and specific about which comments or conduct you object to.For example: “The sexual jokes and comments you’ve been making are making me extremely uncomfortable. This type of language is inappropriate for the workplace and needs to stop now.”Putting the harasser on notice is important, as it establishes a clear record that the conduct was indeed unwelcome and offensive to you. However, you are not legally obligated to confront the harasser directly if doing so would make you feel unsafe.

Step 3: Document EverythingStart keeping a detailed written log of every incident of verbal harassment, no matter how seemingly minor. Record:

• The date
• Time
• Location
• A verbatim account of what was said or done
• The names of any witnesses present

Save any related emails, text messages, voicemails, photos, or other evidence that could help substantiate your allegations. The more documentation you have, the stronger your case will be if you decide to take formal action.

Step 4: Report to Your Employer Next, you’ll need to formally report the harassment to your employer, following all applicable company policies and procedures to the letter. Meet with a supervisor, manager, or human resources representative and provide them with a written statement detailing the harassment allegations, including your documentation.Your employer is legally obligated to promptly investigate the allegations in a fair and impartial manner. They should interview you, the accused harasser, and any witnesses, while also reviewing any supporting evidence.

Step 5: Follow Up Persistently If your employer fails to take prompt and appropriate corrective action after you’ve made a formal complaint, don’t let it go. Continue following up persistently with management and human resources about the status of the investigation and what remedial steps are being taken.Potential remedies could include:

• Disciplining or terminating the harasser
• Separating you from the harasser
• Providing counseling or training
• Other measures to prevent future harassment and correct the hostile environment

If your employer still doesn’t adequately address the situation after multiple follow-ups, it may be time to consult an experienced employment law attorney about your legal options.

Step 6: Consider Legal ActionIf your employer ultimately fails to stop the verbal sexual harassment despite your efforts, you may have grounds to file a formal charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC) or your state’s fair employment agency.An EEOC charge is a prerequisite to filing a civil lawsuit against your employer for monetary damages and other relief related to the harassment and any retaliation you experienced for reporting it. The EEOC will investigate your charge and attempt conciliation with your employer first.In cases of severe, criminal harassment like stalking or threats of violence, you may also be able to press criminal charges against the individual harasser with the assistance of law enforcement.Consulting an experienced employment law attorney is highly advisable before taking legal action, as these cases can become highly complex and fact-intensive. An attorney can review your specific situation and advise you on the best path forward.No matter what route you decide to take, the key is being persistent, documenting everything, following all formal reporting procedures, and not tolerating any form of retaliation for standing up against harassment.

Real-Life Examples of Verbal Sexual Harassment

To better illustrate what verbal sexual harassment looks like in practice, here are some real-world examples from court cases and EEOC charges:

Example 1: Inappropriate Comments About AppearanceIn a 2016 case, a sales manager at a rental car company in Hawaii was found guilty of sexually harassing a female employee. Over the course of several months, he repeatedly made unwanted comments about her body and appearance, such as:“You have a beautiful smile.”
“You have really nice legs in those shorts.”
“Your hair looks so sexy today.”He also asked her out on dates multiple times despite her declining. The court ruled that the manager‘s persistent comments were “severe and pervasive” enough to create a hostile work environment.

Example 2: Lewd Jokes and InnuendosA famous 1986 Supreme Court case involved a female bank employee who endured years of verbal sexual harassment from her boss and co-workers. They would regularly:

• Tell her offensive sexual jokes and stories
• Make lewd remarks about her body and clothing
• Use crude sexual language and innuendos around her

The court found that this pattern of demeaning conduct was sufficient to constitute illegal sexual harassment, even though no sexual threats or demands were made.

Example 3: Requests for Sexual FavorsIn a 2019 EEOC charge, a hotel housekeeper alleged that her supervisor repeatedly subjected her to unwanted verbal sexual harassment over several months, including:

• Asking her for sexual favors
• Making explicit comments about her body and what he wanted to do to her sexually
• Describing his sexual fantasies involving her in graphic detail

When she complained to management, she was fired in retaliation. The EEOC found reasonable cause to believe the hotel violated laws prohibiting sexual harassment and retaliation.As these examples illustrate, verbal sexual harassment can take many different forms – from inappropriate comments about appearance to lewd jokes to direct requests for sexual acts. But the common thread is that the comments or conduct are unwelcome, offensive, and severe or pervasive enough to create a hostile environment.