Sexual harassment in the workplace is commonly known to involve unwanted acts of a sexual nature by a coworker or supervisor, such as unwanted touching, repeated unwanted propositions, conditioning of employment or promotion of sexual favors, etc. .
However, the offensive conduct does not need to be sexual in nature to create a hostile work environment in the workplace. Non-sexual hostile conduct (or language) directed at an employee because of their gender can create an actionable hostile environment. A widespread pattern of verbal abuse violates Title VII even if it is not motivated by sexual desire to expel women from the organization. Rude, authoritarian, loud, vulgar, and generally unpleasant comments from a male supervisor towards female subordinates, along with physically aggressive (though not sexual) actions, may constitute sexual harassment, if male subordinates were treated with due respect in the same place. Interestingly, the fact that there are more women than men in the office does not make a difference.
Non-sexual conduct that singles out an employee on the basis of their gender can also be actionable and constitute sexual harassment / hostile work environment. In a California case, a hostile work environment was demonstrated by evidence that male police officers engaged in overtly hostile acts toward a police officer, including filling the barrel of his shotgun with paper, causing the weapon to explode. if she shot herself, spreading false rumors about her abilities, singling her out for unfavorable job assignments and shifts, making false complaints about her performance, and even threatening to disrupt her wedding.
Even staring, along with other factors, can constitute a hostile work environment of sexual harassment. In one case, an employee turned down multiple requests from a coworker to go out on a date (which included spreading lewd fantasies about her). When she complained to her supervisor, the coworker stopped talking to her, but started looking at her in an intimidating way. In light of his past conduct, the fact that the coworker repeatedly looks at the employee and the employer does not stop him despite the employee’s complaints could constitute sexual harassment in a hostile environment actionable according to the court.
In summary, California law and recent court rulings clearly indicate that conduct does not have to be “sexual” in nature to constitute sexual / gender harassment in a hostile work environment.
