Sexual Harrassment Law Overview

Sexual harassment is a relatively recent addition to the discrimination arena--and one created almost entirely by the courts. It grew out of the statutory prohibition against sex discrimination and includes any unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.

Title VII of the federal Civil Rights Act of 1964 makes it unlawful for an employer to "discriminate against any individual with respect to his [or her] compensation, terms, conditions, or privileges of employment because of such individual's race, color, religion, sex, or national origin." Soon after Title VII was passed, courts began to find discrimination in "terms and conditions of employment" based on harassment in the workplace. The U.S. Supreme Court determined that sexual harassment violates Title VII when it is so "severe or pervasive" that it "alter[s] the conditions of [a worker's] employment and create[s] an abusive working environment".

After the Supreme Court recognized sexual harassment as a form of sex discrimination, many states began adopting the Supreme Court's view. And although the U.S. Congress has never passed a law specifically addressing sexual harassment, many states have developed statutes making it unlawful to sexually harass employees in the workplace.