Harassment vs Sexual Harassment: What's the Difference?

While both harassment and sexual harassment are often used interchangeably, they have distinct types of misconduct that can have deep effects on individuals and organizations alike. Understanding the difference between inappropriate behaviors such as harassment and sexual harassment is critical in our daily lives. Part of our daily lives? Our workplace. 

Unfortunately, even with heightened awareness in recent years, harassment and sexual harassment continue to pose a major challenge in numerous workplaces, educational institutions, and various environments. 

In this blog, we delve into the definitions of harassment and sexual harassment, helping you identify workplace misconduct and discuss workplace harassment prevention. By bringing attention to this important issue, we aim to increase awareness and drive significant transformation, striving to establish safer and more dignified spaces for everyone.

Legal Harassment Definition 

According to the U.S. Equal Employment Opportunity Commission (EEOC), harassment constitutes a type of employment discrimination prohibited under Title VII of the Civil Rights Act of 1964, as well as the Age Discrimination in Employment Act of 1967 (ADEA), and the Americans with Disabilities Act of 1990 (ADA). 

Harassment constitutes unwelcome behavior based on various factors, such as: 

• Race 
• Color 
• Religion  
• Sex (sexual orientation, gender identity, or pregnancy) 
• National origin 
• Age (40 and older) 
• Disability 
• Genetic information (family medical history) 

There are two primary conditions under which harassment is considered unlawful: 

1. When tolerating such behavior becomes a condition for one's continued employment. 
2. When the behavior is so severe or widespread, it fosters an environment that a reasonable person would deem intimidating, hostile, or abusive. 

Moreover, anti-discrimination and harassment laws explicitly forbid any harassment that retaliates against individuals who have filed a discrimination complaint, participated in an investigation, proceeding, or lawsuit concerning these laws, or opposed employment practices they reasonably believe to be discriminatory.

Legal Sexual Harassment Definition 

According to the EEOC, harassment can include "sexual harassment," which involves unwanted sexual advances, solicitations for sexual favors, and other forms of verbal or physical conduct of a sexual nature. 

The law does not consider occasional teasing, casual comments, or minor, non-serious incidents as harassment. However, when such behavior becomes so persistent or intense that it fosters a hostile or offensive work environment, or when it leads to a significant negative employment action (like the victim losing their job or being demoted), it crosses the line into illegal harassment.

The individual subjected to harassment can be of any gender, as can the perpetrator, who may be of the same or a different gender. Sexual harassment doesn't necessarily require actions of a sexual nature; it can also manifest through derogatory comments targeted at a person's gender.

In the workplace, a harasser might be the victim's direct supervisor, a manager from a different department, a colleague, or even someone who is not an employee, like a client or customer. 

What Is Sexual Assault? 

81% of women and 43% of men have experienced some form of sexual harassment in their lifetime. 

Sexual assault includes any form of sexual activity or behavior that happens without the clear consent of the recipient. This type of violation can be perpetrated by individuals familiar to the victim, such as a partner, friend, or acquaintance, and strangers. 

The spectrum of sexual assault actions varies in severity, including but not limited to: 

• Unwanted touching or kissing
• Coercing an individual into sexual activities against their will
• Rape
• Incest 

At its core, sexual assault is an act of power and control where the assailant uses force or manipulation to gain sexual access to another person. It can take place between individuals who have a pre-existing relationship or have no prior acquaintance, involving a stranger, someone recently met, or even a partner.

Quid Pro Quo Harassment 

Quid pro quo harassment takes place when an employee is offered workplace advantages or rewards in return for sexual favors by a supervisor or someone in a position of authority. For instance, it counts as quid pro quo harassment if a boss offers you a promotion in exchange for going on a date with them. 

Hostile Work Environment Harassment 

Hostile work environment harassment, a type of sexual harassment, occurs when unwanted sexual behavior significantly disrupts an employee's ability to perform their job. This behavior, which can be either verbal or physical, needs to be either severe or widespread to constitute a hostile work environment.

Additionally, the harassment must target a characteristic of the victim that is protected under the law (including characteristics that are perceived to be protected). For example, sexual harassment directed at an employee because of their sexual orientation, such as making negative comments about LGBT individuals, could be considered discrimination based on sexual orientation.

Likewise, sexual harassment related to an employee's gender identity (e.g., making statements like, "You should dress a certain way because you're trans") or pregnancy (e.g., "You should feel ashamed for being pregnant") would likely be seen as discrimination based on gender or pregnancy status. 

Unwanted Flirting, Touching, and Sexual Advances 

This type of sexual harassment is frequently encountered in the workplace. Distinguishing between welcome and unwelcome behavior can be difficult, as it often overlaps with normal social interactions. Nevertheless, if someone's behavior towards you causes discomfort, it's advisable to communicate your feelings to them promptly.

Should their behavior persist even after being made aware of its impact, this could constitute sexual harassment. It's important to report such incidents immediately, enabling appropriate actions to be taken to halt the harassment. This is crucial to prevent the situation from escalating beyond unwanted flirting or touching, potentially leading to assault. 

Reporting Sexual Harassment 

According to the EEOC, employees are advised to communicate directly with the harasser, making it clear that their behavior is unwelcome and must end. 

Additionally, employees need to report any harassment to management promptly to deter the situation from worsening. If you suspect that you're experiencing harassment in the workplace, it's important to report the behavior to your supervisor or another manager, even if the incident appears minor or occurs just once.

Here are some ways you can approach the situation: 

Address the Issue with the Offender 

The initial step in addressing workplace harassment involves attempting to resolve the matter directly with the person responsible. Approach them privately, expressing that their behavior is unacceptable and needs to stop. 

If they do not acknowledge the issue or show no intention of altering their behavior, you may then consider escalating the matter by filing a formal grievance with your employer or utilizing a confidential reporting service.

Report to Your Direct Supervisor 

Should the direct approach not have any results, the next action involves reporting the harassment to your immediate supervisor. This ensures that there is an official record of the incident, and supervisors are legally obliged to escalate any harassment reports to higher management.

Contact Human Resources 

If necessary, further escalate the issue by bringing it to the attention of your Human Resources (HR) department and providing them with all necessary information. 

This includes details about the individuals involved, the nature of the incidents, and any retaliatory actions you've faced since making the report. HR will then follow up per the company's policies on workplace harassment.

Reach Out to the EEOC 

For further recourse, you can contact the Equal Employment Opportunity Commission (EEOC). The EEOC is committed to combating workplace discrimination and ensuring protection against harassment and retaliation. 

You can start a harassment claim by contacting them at 1-800-669-4000 or through their website, where they will guide you through the process based on their protocols.

The Company’s Role in Investigating Harassment 

As a company, upon discovering any form of inappropriate or harassing behavior in the workplace, regardless of whether it meets the legal definition of harassment, determining the appropriate response can be challenging. 

Consider the following guidelines: 

• Take the Finding Seriously: Any reported or observed behavior, such as abuse, assault, non-consensual touching, ridicule, bullying, or stereotyping based on a protected characteristic, must be treated with utmost seriousness. Such conduct could contribute to a hostile work environment.
• Fulfill the Responsibility to Act: The employer must address any harassment that has occurred, to halt its continuation, and implement measures to prevent its recurrence.
• Act Promptly: Delaying action can worsen the situation. Immediate response is essential to effectively manage and mitigate harassment issues.
• Understand the Implications of Inaction: Not taking steps to stop harassment can lead to legal repercussions for the employer and possibly individual liability for managers or supervisors.
• Consider Various Remedial Actions: Remedies may include disciplinary measures, corrective actions, reassignment of roles, demotion, or mandating specific training or counseling for the harasser. The primary objective should be to stop the harassing behavior.
• Recognize the Need for Additional Training: The initiation of a complaint or investigation might indicate a need for broader employee training on harassment and workplace conduct. 

Following these principles allows employers to navigate the complexities of addressing workplace harassment and fostering a safe, respectful, and legally compliant work environment.

Creating a Safe Workplace Culture With 360training 

Sexual harassment, regardless of its form, uniformly impacts victims by compromising their sense of safety and comfort in their work or educational settings. If not properly managed by authorities or employers, it can severely affect the mental health and overall well-being of those targeted. 

To prevent such harmful outcomes, it's crucial not to wait for an incident to happen before taking action. Proactively providing your employees with the training and tools they need to prevent sexual harassment is essential. 

Keep your employees informed through sexual harassment prevention training for healthcare workers and healthcare managers. Ready to create a safer, more respectful environment? Sign up today.