What is sexual harassment?Legal definitions and examples
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The Law
Sexual harassment is against state and federal law* and includes unwanted sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature which threatens job security, working conditions, or advancement opportunities.
Sexual harassment can be perpetrated by any gender or sexual orientation against any gender or sexual orientation.
There are two main categories of sexual harassment described in law: quid pro quo harassment and harassment which creates a “hostile work environment.”
Sexual harassment can be perpetrated by any gender or sexual orientation against any gender or sexual orientation.
There are two main categories of sexual harassment described in law: quid pro quo harassment and harassment which creates a “hostile work environment.”
Quid pro quo harassment is when a job, promotion or other professional benefit is conditioned on the individual’s submission to sexual advances or other conduct or when such benefits are denied because the individual refused to submit to sexual request(s).
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A hostile work environment is created when unwelcome verbal, physical or visual conduct is severe or pervasive, and creates an intimidating, hostile, or offensive work environment or interferes with work performance. Employees may experience this kind of sexual harassment even if the offensive conduct was not directed toward them.
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Examples of sexual harassment may include:
- Making sexually explicit or derogatory comments or jokes, either verbally or via email
- Inappropriate touching or groping
- Questions about sex life or relationships
- Sexually suggestive looks, leers, noises, gestures
- Sharing or displaying sexual pictures, cartoons, screen savers
- Forwarding sexual material via e-mail
- Texting sexually explicit text or images
*The federal law about sexual harassment, Title VII of the Civil Rights Act, only applies to businesses or organizations with more than 15 employees. If you work somewhere with fewer employees, the Maine statutes against workplace harassment still apply to you.
Other Maine Laws related to Sexual Harassment
The Maine Coalition Against Sexual Assault has advocated for public policies to support survivors of sexual violence and harassment over the last 4 decades. Some recent laws passed through their work that may help someone who has experienced sexual harassment include:
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