How do I know if annoying or bothersome behavior is sexual harassment?
There are two types of conduct which may constitute sexual harassment. Both of them are considered “sex discrimination” under federal law. The first type of sexual harassment is called “Quid Pro Quo” sexual harassment. Unwanted sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature constitutes sexual harassment when giving in to or rejecting this conduct will affect your employment. The second type of sexual harassment is called “Hostile Work Environment” sexual harassment. This type of sexual harassment takes place when conduct of a sexual nature — either verbal or physical — unreasonably interferes with your work performance or creates an intimidating, hostile or offensive work environment. Whether the objectionable behavior will legally constitute sexual harassment depends on whether the average person in the victim’s position would find the behavior hostile or abusive.