New York Sexual Harassment Lawyer Blog

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Is it sexual harassment if everyone involved is the same sex?

On Behalf of | Jul 22, 2024 | Sexual Harassment

Workplace sexual harassment is a serious issue that can result in negative career and mental health implications for those targeted by others in the workplace. What most people picture when they think about sexual harassment is often quite restrictive. The most common way that people visualize workplace sexual harassment likely involves a male supervisor trying to solicit favors from a female subordinate or otherwise making her professional life miserable because of his sexual interest in her.

However, sexual harassment can also involve women mistreating male subordinates or coworkers. In fact, the Equal Employment Opportunity Commission (EEOC) readily acknowledges that same-sex sexual harassment is a serious workplace equality issue, just as opposite-sex harassment is.

Same-sex sexual harassment comes in many forms

There are many ways for people of the same sex to mistreat each other in the workplace. Supervisors abusing a position of authority may be equal opportunity harassers. They might engage in the same inappropriate conduct with employees of both sexes because it is the power that matters, not the sex of the other party. Other times, the perpetrator may be homosexual or bisexual, meaning that they specifically target workers of the same sex.

It is also easy for employees in the same sex category to create a hostile work environment for their coworkers. A group of female employees might effectively shun one coworker and make many inappropriate jokes or comments based on her appearance or her relationship history. Male coworkers may abuse and harass another male employee who doesn’t conform to their expectations of male behavior.

Same-sex sexual harassment can involve quid pro quo harassment or the creation of a hostile work environment. In either scenario, it is just as inappropriate as harassment involving people of opposite sexes. Those dealing with same-sex sexual harassment may feel embarrassed or uncertain of their rights. These professionals may need help exploring their options for addressing the situation.

Documenting and discussing conduct that may constitute same-sex sexual harassment with a skilled legal team is a good starting point for those who want to take action. They may need to make an internal report with their employer in some cases, and may even have grounds to file a lawsuit in others.