Sexual Harassment at Work: What You Need to Know

Sexual harassment is one of the most common — and most underreported — forms of workplace discrimination. Many employees who experience it aren't sure whether what happened to them "counts," whether it's worth reporting, or what the process looks like. This guide answers those questions plainly.

What the Law Says

Sexual harassment is a form of sex discrimination prohibited by Title VII of the Civil Rights Act of 1964. It applies to employers with 15 or more employees. Most states have parallel laws that cover smaller employers and provide additional remedies — California's FEHA, for example, covers employers with 5 or more employees and is among the strongest in the country.

The law protects employees regardless of gender. The harasser and victim can be the same sex. And the harasser doesn't have to be a supervisor — coworkers, clients, vendors, and contractors can all create actionable harassment.

The Two Types of Sexual Harassment

Quid pro quo ("this for that") occurs when a person in authority conditions a job benefit — a promotion, raise, continued employment — on submission to sexual conduct. A single incident can be enough.

Hostile work environment occurs when unwelcome sexual conduct is severe or pervasive enough to create an intimidating, hostile, or abusive workplace. Courts look at the totality of circumstances: how frequent the conduct was, how severe, whether it was physically threatening or humiliating, and whether it interfered with the employee's ability to do their job.

Common examples include: repeated sexual jokes or comments, unwanted touching, displaying sexually explicit images, persistent unwanted advances, and demeaning comments based on gender.

Document Everything — Immediately

Documentation is the foundation of any harassment claim. Start a private written log — not on a work computer — and for each incident record: the exact date, time, and location; what was said or done verbatim; who was present; how you responded; and how it affected you.

Preserve any digital evidence immediately: screenshot texts, emails, DMs, and voicemails and back them up to a personal device or account. Note the names of any witnesses, even if they didn't intervene. Use our sexual harassment documentation checklist to make sure you don't miss anything.

Reporting Internally

Most employment attorneys recommend reporting through your employer's internal complaint process before filing externally — it gives the employer a chance to correct the problem and creates a paper trail showing they knew about the harassment.

Report in writing when possible. If you report verbally, follow up with an email: "Per our conversation today, I am reporting the following..." Document the employer's response — or lack of one. An employer who fails to investigate or take corrective action after receiving a complaint faces significantly greater liability.

Filing an EEOC Charge

To pursue a federal claim under Title VII, you must file a charge with the EEOC before you can sue in court. The deadline is 180 days from the last act of harassment in states without a state agency, or 300 days in states that have one (most states). Missing this deadline permanently bars your federal claim.

After filing, the EEOC notifies your employer and may investigate. If the EEOC doesn't resolve your charge, it issues a "Right to Sue" letter — giving you 90 days to file in federal court. Many attorneys recommend filing with your state agency simultaneously, as state deadlines and remedies differ.

Retaliation Is Also Illegal

If you report sexual harassment — internally or to the EEOC — your employer cannot legally fire you, demote you, cut your pay, change your schedule, or otherwise punish you for making the report. Retaliation is an independent legal violation, and retaliation claims are often stronger than the underlying harassment claim.

If you experience retaliation after reporting, document it immediately and consult an attorney. The timing between your complaint and any adverse action is itself evidence.

Next Steps

1. Start documenting now. Use our documentation checklist to organize your evidence.
2. Check your deadline. Use the EEOC deadline calculator to find your exact filing window.
3. Consult an attorney. Most plaintiff-side employment attorneys offer free consultations and work on contingency. California employees can consult a wrongful termination attorney at Delshad Legal — no upfront cost.