What is sexual harassment at work?
Over the years, courts have begun to define it
"Sexual harassment" gets used loosely in everyday conversation, but it has a specific legal meaning under Title VII of the Civil Rights Act of 1964 and Tennessee state law. A lot of workers who are dealing with it don't report it — or wait too long to — because they're not sure it "counts." Here's how the law actually defines it.
Two Legal Categories
Unlawful sexual harassment generally falls into one of two buckets:
Quid pro quo harassment — This is when submitting to or rejecting sexual advances is made a condition of a job benefit: a raise, a promotion, keeping your job, getting a good schedule, avoiding discipline. It only takes one incident to be unlawful. A supervisor saying "sleep with me and I'll make sure you get that promotion" is quid pro quo harassment even if it happens exactly once.
Hostile work environment harassment — This is unwelcome conduct based on sex that is severe or pervasive enough to alter the conditions of your employment and create an abusive working environment. Unlike quid pro quo, this usually requires a pattern — though a single incident can be enough if it's severe enough (an assault, for example).
Your case may also involve sexual battery or assault. Tennessee defines sexual battery under Tenn. Code Ann. § 39-13-505 as unlawful sexual contact accompanied by one of four circumstances: force or coercion, lack of consent (where the person knew or should have known the other didn't consent), the victim being mentally incapacitated or physically helpless, or the contact being obtained by fraud.
The "Severe or Pervasive" Standard
Courts look at the totality of the circumstances: how frequent the conduct was, how severe, whether it was physically threatening or humiliating (versus just an offensive comment), and whether it interfered with your ability to do your job. Conduct doesn't need to be "severe" if it's pervasive enough — ongoing, commonplace, and continuing — even if any single incident, viewed alone, might seem minor. And it doesn't need to be pervasive if a single incident is severe enough on its own.
It Doesn't Have to Be Your Boss
Harassment can come from a supervisor, a coworker, a client, a customer, or a vendor. Who's doing the harassing affects how your employer can be held liable — employers are generally automatically liable for a supervisor's harassment (subject to a limited defense if they had strong anti-harassment policies and you unreasonably failed to use them), while for coworker or third-party harassment, your employer is liable if it knew or should have known and failed to take prompt corrective action.
It Doesn't Have to Be in Person
Harassment increasingly happens through work communication systems — text messages, Slack, Teams, email, work phones, video calls, and social media accounts connected to your job. Sexually explicit messages sent over a work Slack channel, or a supervisor texting you inappropriate comments after hours using a company phone, can support a claim just as much as in-person conduct.
What This Can Look Like
There's no exhaustive list, but common examples include:
- Unwanted sexual advances, propositions, or requests for dates after being told no
- Sexual comments, jokes, or "compliments" about your body or appearance
- Sexually explicit images, texts, or emails sent to you or displayed around the workplace
- Unwanted touching, physical contact, or blocking your movement
- Repeated comments or questions about your sex life, relationships, or pregnancy
- Threats or implied threats tied to job security if you don't comply or if you complain
- Retaliation — being written up, cut in hours, demoted, or fired after you report harassment or refuse advances
When Harassment Crosses Into Assault
Some conduct goes beyond a hostile work environment claim into sexual assault or battery — and when it does, you may have a separate civil claim against the person who assaulted you, on top of any claim against your employer. This doesn't require a criminal conviction, a police report, or even a criminal case at all; civil and criminal cases run on separate tracks, and a civil claim only has to be proven as more likely true than not. And as of a 2024 change in Tennessee law, victims of sexual assault occurring on or after April 4, 2024 now have three years to file a civil claim if it wasn't reported to police, or five years if it was — up from the previous one-year deadline.
Pregnancy and Related Conditions Count Too
Harassment based on pregnancy, childbirth, or related medical conditions is a form of sex-based harassment. Comments about your pregnancy, mocking morning sickness, or hostility toward a lactation accommodation can all be part of a harassment claim, separate from and in addition to any pregnancy discrimination claim under the Pregnancy Discrimination Act or the Pregnant Workers Fairness Act.
Retaliation Is Its Own Violation
You are protected from retaliation for reporting harassment, participating in an investigation, or opposing harassing conduct — even if it later turns out your underlying harassment complaint doesn't succeed. Being fired, demoted, or otherwise punished for speaking up is illegal on its own.
Your Employer Has a Legal Duty to Act
Employers are required to take reasonable steps to prevent and promptly correct harassment — that generally means having a real anti-harassment policy, a working complaint process, and actually investigating and addressing complaints when they come in. An employer that ignores complaints, discourages reporting, or fails to act can be held liable even beyond the harasser's own conduct.
If something happening at your job sounds like what's described above, it may be sexual harassment under the law — even if it doesn't feel as dramatic as what makes headlines. EmployLegal represents employees only — never employers — in sexual harassment, discrimination, and retaliation claims in Tennessee state and federal court, including the U.S. District Court for the Middle District of Tennessee. Contact us for a confidential consultation.
EmployLegal 611 Commerce Street, Suite 2611 Nashville, TN 37219 theisserer@forceforwork.com forceforwork.com
This article is for general informational and advertising purposes only. It does not constitute legal advice, and reading it does not create an attorney-client relationship. Whether specific conduct is unlawful depends on the facts of your situation — consult a licensed attorney to evaluate your circumstances.
5 Things to Do If You're Experiencing Sexual Harassment at Work
You're Going to Want a Specialized Attorney
If something is happening at your job that feels wrong — unwanted comments, touching, pressure, threats tied to your job security — it's easy to freeze up. Many people worry about not being believed, about retaliation, about losing their paycheck. Those fears are real, and the law exists precisely because they're real. Here's what to do to protect yourself, your case, and your job.
1. Write it down — right away, and in detail
Memory fades and gets challenged in litigation. As soon as you can after each incident, write down what happened: date, time, location, exactly what was said or done, who else was present, and how you responded. Keep this somewhere outside of work systems — a personal notebook, a personal email account, your phone — not on a work computer or work email, which your employer can access and which may not be recoverable if you're terminated. If there are texts, emails, or voicemails, save copies for yourself the same way.
2. Know that retaliation for reporting is illegal — and report through the right channel
Federal and state law protect you from retaliation for reporting sexual harassment, including being fired, demoted, cut in hours, or pushed out for speaking up. Check your employee handbook for your company's harassment reporting procedure and follow it — usually HR or a designated compliance contact. Put your report in writing when you can, even if you also report verbally, so there's a clear record of when your employer was put on notice. If the harasser is your direct supervisor or the person you'd normally report to, most policies have an alternate channel — use it.
3. Don't sleep on your filing deadlines
This is the part people lose the most ground on. To sue under federal law, you generally have to file a charge with the EEOC first — and in Tennessee, because we have a state fair employment law (the Tennessee Human Rights Act) enforced by the Tennessee Human Rights Commission, that deadline is 300 days from the last act of harassment, not the shorter 180-day deadline that applies in states without a parallel law. Three hundred days sounds like a long time until it isn't. Don't wait to see how things play out at work before you talk to someone about your deadline.
4. Think twice before quitting — or before signing anything
Walking away can feel like the only way to make it stop, but resigning can affect your legal claims and your eligibility for unemployment benefits, depending on the circumstances. If your employer offers you a severance agreement, a "resign in exchange for X" deal, or asks you to sign anything — including a non-disparagement clause or a general release of claims — read it closely before you sign. Once you sign a release, you typically can't undo it. If you're being pushed toward the door, that's exactly the moment to get advice, not after.
5. Talk to an employment lawyer before you make your next move
You don't need to have already filed a report, already quit, or already have a "big enough" case to talk to a lawyer. In fact, the earlier you talk to one, the more options you usually have — including whether to report internally at all, how to preserve evidence, whether an arbitration agreement you signed actually applies to your situation, and what your deadlines really are given your specific facts. A consultation costs you nothing but time, and it can keep you from making a decision you can't take back.
If you're dealing with sexual harassment at work in Tennessee, EmployLegal represents employees only — never employers — in harassment, discrimination, retaliation, and related claims in state and federal court, including the U.S. District Court for the Middle District of Tennessee. Contact us for a confidential consultation.
EmployLegal 611 Commerce Street, Suite 2611 Nashville, TN 37219 theisserer@forceforwork.com forceforwork.com
This article is for general informational and advertising purposes only. It does not constitute legal advice, and reading it does not create an attorney-client relationship. Every situation is different — if you're experiencing harassment at work, consult a licensed attorney about the specific facts of your case and the deadlines that apply to you.