Sexual harassment is an abuse of an employer's power in such a manner that creates a hostile work environment. There is no clear definition of when an act arises to the level of constituting sexual harassment or a hostile work environment. This standard applied by the courts is an objective standard, and the definition provided is as follows:

"When the workplace is permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive work environment." Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57 (1986).

Sexual harassment also includes same sex harassment. Additionally, the individual perpetrating the harassment, as well as the employer can be held liable.

There are two types of sexual harassment claims:

Quid pro quo harassment occurs when an employer conditions a term of employment on the performance of sexual favors. For example, requiring an employee to engage in sexual conduct to retain his/her job or obtain a promotion.

A hostile work environment occurs when an employer maintains an environment where a) offensive conduct of a sexual nature is either tolerated or encouraged, b) that has the purpose or effect of creating a hostile or humiliating or offensive work environment; and c) interferes with the employee's ability to perform his or her job.

The statute of limitations to bring discrimination claims, such as sexual harassment, is often very short. Employees who believe they have a claim should seek counsel right away.
(See also Retaliation and Discrimination)