When we talk about workplace sexual harassment, we often imagine situations of direct and obvious misconduct. Unwanted sexual advances, inappropriate touching, and verbal abuse focused on a specific person are all unfortunately common examples of direct sexual harassment. However, indirect sexual harassment at work may also occur and is often less overt or targeted, making it harder to recognize but equally harmful.
This blog post will give an overview of indirect forms of sexual harassment that can happen in the workplace. We’ll answer common questions employees have, including:
- What is indirect sexual harassment?
- Is indirect sexual harassment against the law?
- What should I do if I’m experiencing indirect harassment at work?
This is a general introduction to indirect harassment for employees. If you have questions or concerns about a specific situation, it is best to speak to a legal professional.
What Is Indirect Sexual Harassment at Work?
Indirect sexual harassment generally describes when offensive or unwanted sexual behavior negatively affects employees who aren’t its direct target. The target may be another employee, people of a specific gender, or no one person in particular. Indirect harassment happens when one or more employees feel intimidated or offended by the inappropriate behavior and the atmosphere it creates. The following actions can create an offensive work environment, threatening employees’ productivity and well-being.
Offensive Jokes or Comments
Imagine you overhear a coworker telling a derogatory joke about a particular gender or sexual orientation. Even though you’re not the intended audience of the joke, the lewd content can make you feel uncomfortable around that person.
Inappropriate Images
A colleague hangs a calendar containing sexual drawings by their desk, or you received an email containing pornographic images or videos by mistake. Even visual sexual content can lead to indirect harassment when it contributes to an offensive atmosphere.
Sexually Explicit Conversations
Intimate discussions about private lives or sexual activity don’t belong in the workplace. This can be a form of indirect harassment when other employees hear details that make them feel uncomfortable or unwelcome, even if they’re not a direct part of the conversation.
Sexual Harassment of Another Employee
Observing someone else’s abuse can have a serious harmful impact on other employees, too. Witnessing non-consensual touching, unwanted advances, or requests for sexual favors can leave you feeling intimidated and unsafe. Witnesses may fear becoming a future target or facing retaliation from the perpetrator, especially when that person is a supervisor.
Gender-biased Policies
Dress codes or policies disproportionately affecting one gender can contribute to indirect harassment. For instance, enforcing dress codes that require female workers to wear revealing outfits can make employees feel marginalized and at risk of unwanted attention from coworkers or customers.
When Is Indirect Sexual Harassment Illegal?
Indirect sexual harassment can be just as illegal as direct harassment. Workplace sexual harassment is a form of employment discrimination that violates California’s Fair Employment and Housing Act and the federal Civil Rights Act.
State and federal laws recognize the following types of illegal sexual harassment:
- Quid pro quo—when a superior requests unwanted sexual conduct in exchange for job benefits; and
- Hostile work environment—unwelcome sex-based behavior so severe or pervasive that it creates an intimidating, offensive, or hostile environment for one or more employees.
Typically, indirect sexual harassment falls into the “hostile work environment” category. Indirectly upsetting behavior must be frequent and severe to disrupt an employee’s ability to work to qualify as illegal harassment. One-time incidents or mild teasing usually aren’t extreme enough to lead to a legal claim. However, if inappropriate behavior consistently makes you feel afraid, objectified, threatened, or anxious because of its impact on your work environment, it may violate your rights.
What Can I Do About Indirect Harassment in the Workplace?
No one should have to tolerate sexually inappropriate or intimidating behavior at work. If you suspect you’re the victim of indirect sexual harassment, the following steps can help you protect yourself:
- Contact an attorney. A qualified employment lawyer is the best resource for workplace harassment. If you’re unsure if the behavior qualifies as illegal harassment, an attorney can evaluate your situation and help you understand your rights and options.
- Document it. Keep a detailed record of any incidents of indirect harassment you experience or witness. Note when, where, and how the harassment happens and how it affects your work performance and personal well-being.
- Inform your employer. California employers must have a procedure for employees to report sexual harassment. Follow this process carefully and document how and when your employer responds.
Under state and federal law, employers have a legal duty to protect employees from direct and indirect sexual harassment at work. If your boss ignores your report or punishes you for making it, they can face legal penalties.
Trusted Defender of California Employee Rights
Speaking out about sexual misconduct at work can be daunting, even if you’re not the direct target. However, you don’t have to do it alone. Attorney John Dalton has spent the past 25 years helping Californians hold employers accountable for failing to protect their employees from toxic and abusive work environments. The Law Office of John Dalton was founded to help make high-quality legal representation accessible to California employees of any industry and pay grade. With deep knowledge of California law and decades of successful verdicts behind him, John Dalton can help you stand up and exercise your rights. Contact our office today to schedule a free and confidential case evaluation.