Sexual harassment at work is not always obvious. While many people think of crude comments or unwanted touching, harassment can also take subtle forms that create a hostile environment. These behaviors often go unreported because employees are unsure whether they “count” as harassment.
California law makes it clear: any conduct that is unwelcome, offensive, or creates an intimidating workplace can qualify as sexual harassment. For more context, see our post on alarming sexual harassment in the workplace statistics.
Below are seven common but often overlooked examples.
1. Excessive or Inappropriate Staring
Constant staring or watching a coworker can make them feel objectified and unsafe. Even without physical contact, obsessive or uncomfortable staring is harassment. If it continues after an advance has been rejected, it becomes ongoing misconduct. Recording someone without consent also falls into this category.
2. Jokes with Sexual Innuendo
Humor with sexual undertones has no place in the workplace. Even if some employees laugh, others may feel embarrassed, offended, or targeted. Sharing sexual jokes or stories contributes to a hostile environment and may rise to harassment.
3. Displaying Offensive or Sexual Material
Posters, calendars, screensavers, or emails with sexual content create an environment where employees feel uncomfortable. Even if the material is not directed at anyone in particular, its presence in the workplace can still be harassment.
4. Social Media or Online Harassment
Sexual harassment does not stop when you leave the office. Unwanted messages, comments, or images sent through social media, texts, or email from coworkers are still harassment. Inappropriate interactions on platforms like Instagram, TikTok, or Snapchat can be just as damaging as in-person conduct.
5. Hovering or Lingering Too Close
Loitering at someone’s desk, intentionally brushing against them, or standing uncomfortably close can all be subtle forms of harassment. These behaviors invade personal space and create unease, especially when done repeatedly.
6. Unwanted Flirting or Advances
Flirting is only acceptable when it is welcome and consensual. If someone makes it clear they are not interested, continuing to pursue them — through conversation, gestures, or other advances — is harassment. Even nonverbal actions, such as sexual gestures, are inappropriate in the workplace.
7. Comments About Appearance
Remarks about an employee’s body, clothing, or physical features are rarely appropriate. While a neutral compliment may not be harassment, comments that are sexual in nature or make the employee uncomfortable cross the line. Critiques or “jokes” about someone’s body type or looks can be reported as harassment.
For more on how employers should address this issue, see our post: Are all employers required to provide sexual harassment training?
Frequently Asked Questions
Does sexual harassment at work extend beyond direct touching?
Yes. Harassment includes unwelcome staring, comments, jokes, or online interactions. Physical contact is not required.
Are sexual jokes ever acceptable in the workplace?
No. Even jokes with mild innuendo can create a hostile environment and should not be tolerated.
Can coworkers comment on my clothes or appearance?
Unless comments are strictly professional and non-sexual, they can be harassment. If you feel uncomfortable, report the behavior.
Is flirting always harassment?
Not always — but if the attention is unwanted or continues after you express disinterest, it qualifies as harassment and should be reported.
Contact Gomez Trial Attorneys
You have the right to a safe, respectful workplace. If you are experiencing sexual harassment — whether obvious or subtle — Gomez Trial Attorneys can help. Call 866-TRIAL LAW (866-874-2552) or contact us online today for a free, confidential consultation.