Can Sexual Harassment Happen Outside of Work?

Sexual harassment can occur in various settings. It’s often associated with the workplace but it can happen anywhere. Laws pertaining to sexual harassment not only address the workplace but also cover occurrences outside of normal work hours.

Understanding Sexual Harassment

Sexual harassment is defined as unwanted and unwelcome behavior of a sexual nature that creates a hostile, intimidating, or offensive environment. Examples include:

• Verbal remarks
• Physical actions
• Non-verbal conduct, such as inappropriate gestures or displaying sexually explicit material

It’s important to note that sexual harassment is not about the intent behind the behavior but rather the impact it has on the victim.

Legal Perspective

Under laws like Title VII of the Civil Rights Act of 1964 in the United States, sexual harassment is prohibited in the workplace. However, these protections extend beyond the physical workplace. The Equal Employment Opportunity Commission (EEOC) and similar bodies in other jurisdictions recognize that sexual harassment can occur in any situation where an employee is performing job-related duties or is participating in activities related to their employment.

For instance, if an employee experiences sexual harassment during a company-sponsored event, such as an office party or a team-building retreat, the employer can still be held accountable. The same applies to harassment during business trips, off-site meetings, or any scenario where the employee engages in activities on behalf of their employer.

Work Events Outside of Office Hours

Work-related social events, such as employee picnics, holiday parties, or after-hours gatherings, are common scenarios where sexual harassment might occur. These events, though outside normal working hours, are extensions of the workplace. They often involve interactions among colleagues, supervisors, and subordinates, creating environments where the lines between professional and personal boundaries can blur.

During these events, if inappropriate behavior occurs, such as unwanted advances or inappropriate comments, it constitutes sexual harassment. Employers have a responsibility to ensure these events are safe and free from harassment. This includes establishing and enforcing a code of conduct, providing training on appropriate behavior, and ensuring that employees know how to report incidents of harassment.

Legal Recourse and Employer Responsibility

Victims of sexual harassment at work-related events have the right to file complaints with their employer, and if necessary, seek legal action. Employers are legally obligated to investigate these complaints promptly and take appropriate action to address and prevent further harassment.

Employers can be proactive by fostering an inclusive and respectful culture. They can provide clear guidelines on acceptable behavior and conduct regular training sessions on sexual harassment. Additionally, a reporting system can empower employees to come forward without fear of retaliation.

Sexual harassment is not confined to the workplace’s physical boundaries or typical working hours. It can occur anywhere employees interact in a professional capacity, including work-related social events. Legal protections and employer responsibilities extend to these scenarios. Your rights are protected even if you are not “on the clock.”

If you believe you’ve been a victim of sexual harassment in the workplace, we can help. Contact Borrelli & Associates, P.L.L.C. to discuss your case.