Sexual Harassment at Work: Federal Law and Your Rights

Sexual harassment at work is illegal under federal law when it creates a hostile work environment or involves quid pro quo demands for sexual favors. Title VII of the Civil Rights Act of 1964 prohibits unwelcome sexual conduct that affects employment decisions or creates an intimidating, hostile, or offensive working environment. The Equal Employment Opportunity Commission (EEOC) enforces these protections for employers with 15 or more employees, though many states provide broader coverage and stronger remedies.

What Is Sexual Harassment Under Federal Law?

Sexual harassment is a form of sex discrimination prohibited by Title VII of the Civil Rights Act. The U.S. Supreme Court and EEOC recognize sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when this conduct affects employment or creates a hostile environment.

The key element is that the conduct must be unwelcome. Even conduct that appears consensual may be unwelcome if the recipient felt unable to object due to power dynamics or fear of retaliation. You don’t need to explicitly say “no” for conduct to be unwelcome, though making your objections clear strengthens your case.

Sexual harassment can occur between any genders. Men can harass women, women can harass men, and harassment can occur between people of the same gender. The harasser’s motivation doesn’t need to be sexual attraction. Harassment based on sex stereotypes or gender nonconformity also violates Title VII.

Federal law recognizes that sexual harassment creates a discriminatory work environment that denies equal employment opportunity. When harassment is severe or pervasive enough to alter working conditions, it violates your civil rights regardless of whether you suffer economic harm like termination or demotion.

Source: EEOC – Sexual Harassment

Two Types of Sexual Harassment: Hostile Environment and Quid Pro Quo

Federal law recognizes two distinct types of sexual harassment, each with different legal elements and employer liability rules.

Hostile Work Environment Harassment

Hostile work environment harassment occurs when unwelcome sexual conduct is severe or pervasive enough to create an abusive working environment. This type doesn’t require economic injury or change in employment status. The harassment itself creates the violation by making your workplace intimidating, hostile, or offensive.

Courts evaluate hostile environment claims by looking at all circumstances, including:

Frequency of the conduct: A single incident is rarely enough unless extremely severe. Repeated comments, touching, or displays over weeks or months typically establish a pattern.

Severity of the conduct: Physical touching is generally more severe than verbal comments. Sexual assault or explicit propositions are more severe than off-color jokes. The more severe the conduct, the less pervasive it needs to be.

Whether physically threatening or humiliating: Conduct that threatens your safety or purposefully demeans you weighs heavily. Blocking your path, cornering you, or making degrading sexual comments about your body creates a more hostile environment than general crude humor.

Whether it unreasonably interferes with work performance: If harassment causes you to avoid certain areas, miss meetings, or struggle to concentrate, this demonstrates the environment’s hostility.

The standard is both objective and subjective. You must show that you personally found the environment hostile (subjective) and that a reasonable person in your circumstances would find it hostile (objective). This prevents both dismissal of genuine harassment and claims based on hypersensitivity.

Examples of hostile environment conduct:

• Repeated sexual comments about your appearance or body
• Displaying pornographic images or sexually explicit materials where you can see them
• Making sexual jokes, innuendos, or stories in your presence
• Sending sexually suggestive emails, texts, or social media messages
• Repeatedly asking you out after you’ve declined
• Making sexually degrading comments or gestures
• Discussing sexual activities or preferences inappropriately
• Touching yourself sexually while looking at the victim

One inappropriate comment typically isn’t enough to create a hostile environment. However, a pattern of such comments over time, or a single severe incident like sexual assault or explicit propositions combined with touching, can establish a hostile environment.

Quid Pro Quo Harassment

Quid pro quo means “this for that” in Latin. This type of harassment occurs when a supervisor or someone with authority over your employment conditions submission to sexual conduct on employment decisions. The harasser essentially demands sexual favors in exchange for job benefits or threatens harm for refusing.

Elements of quid pro quo harassment:

1. The harasser must have authority over you: This typically means a supervisor, manager, or someone who can make or influence employment decisions about you. Coworkers without supervisory authority cannot commit quid pro quo harassment, though their conduct may create a hostile environment.

2. There must be a clear demand or proposition: The harasser explicitly or implicitly requests sexual favors. This can be stated directly (“Sleep with me and you’ll get promoted”) or implied through context and power dynamics.

3. Employment benefits or consequences are tied to compliance: Job opportunities, promotions, raises, desirable assignments, or continued employment depend on submitting to sexual demands. Alternatively, refusing results in termination, demotion, poor evaluations, or other tangible employment actions.

Quid pro quo harassment can occur whether you submit to the demands or refuse them. If you submit because you fear losing your job, that’s still harassment. If you refuse and suffer retaliation, that’s also harassment.

Examples of quid pro quo harassment:

• Supervisor says you’ll get a promotion if you go on a date with them
• Manager implies your job security depends on accepting sexual advances
• Supervisor gives favorable assignments to employees who accept sexual propositions
• Manager threatens poor performance reviews unless you submit to sexual demands
• Supervisor fires you for refusing sexual advances
• Manager demotes you after you end a sexual relationship with them

Employers are strictly liable for quid pro quo harassment by supervisors. This means the employer is automatically responsible even if they didn’t know about the harassment, unless they can prove the Faragher-Ellerth affirmative defense (discussed below).

Source: 29 CFR § 1604.11 – Sexual Harassment

Federal Law Coverage: Title VII Requirements

Title VII prohibits sexual harassment by employers with 15 or more employees for each working day in 20 or more calendar weeks in the current or preceding year. This threshold is relatively low and covers most businesses beyond very small operations.

Covered Employers

The 15-employee minimum applies to private employers, state and local governments, educational institutions, employment agencies, and labor organizations. Federal employees are covered by separate anti-discrimination statutes but have similar protections.

When counting employees for the threshold, courts count everyone on the payroll, including part-time workers, temporary employees, and employees on leave. The employer doesn’t need 15 employees on any particular day, but must meet the threshold for the statutory time period.

Covered Employees

Title VII protects employees, not independent contractors. The distinction matters because companies can evade Title VII by misclassifying workers as contractors. Courts look at the economic realities of the relationship, not just the label the employer uses.

You’re covered whether you work full-time, part-time, seasonally, or temporarily. Your job title, immigration status, or position level doesn’t affect coverage. Executives, managers, and high-level employees have the same Title VII protections as entry-level workers.

Geographic Coverage

Title VII applies throughout the United States, Puerto Rico, and U.S. territories. For U.S. companies with operations abroad, Title VII covers U.S. citizens working overseas for American employers.

What Title VII Doesn’t Cover

The 15-employee threshold means very small businesses aren’t covered by Title VII. If your employer has fewer than 15 employees, federal law may not protect you from sexual harassment. However, most states have anti-harassment laws covering smaller employers.

Independent contractors genuinely operating their own businesses aren’t covered. Volunteers, unpaid interns (in some circuits), and certain other workers may not be protected under Title VII, though they may have state law protections.

Protected Conduct: What Counts as Sexual Harassment

Sexual harassment encompasses a wide range of conduct. Understanding what’s prohibited helps you recognize violations and document them effectively.

Verbal Harassment

Spoken words constitute harassment when sexual in nature and unwelcome. This includes:

• Sexual comments about your body, appearance, or clothing
• Sexually suggestive or explicit jokes and stories
• Sexual propositions and requests for dates after you’ve declined
• Questions about your sex life or sexual preferences
• Spreading sexual rumors about you
• Making sexual sounds (catcalls, kissing noises, wolf whistles)
• Using sexually degrading terms to describe you
• Comments about sexual activities or preferences

The content matters more than the setting. Crude sexual jokes at lunch or after-hours work events can constitute harassment just as much as comments during formal work time.

Physical Harassment

Physical conduct of a sexual nature is typically considered severe even if it occurs once. Examples include:

• Unwanted touching, hugging, kissing, or fondling
• Brushing against your body deliberately
• Blocking your path or cornering you
• Sexual assault or attempted sexual assault
• Massaging your shoulders or back without permission
• Playing with your hair
• Adjusting your clothing

Any unwanted touching of sexual areas constitutes harassment. Even touching areas not typically considered sexual (shoulders, arms, back) can be harassment when done with sexual intent or creates discomfort.

Visual Harassment

Displaying or distributing sexual images creates harassment by altering the work environment. This includes:

• Displaying pornographic images, posters, or calendars
• Sending sexually explicit photos via email, text, or social media
• Showing sexual videos or images on computers, phones, or screens
• Making sexual gestures (licking lips, sexual hand motions, lewd gestures)
• Staring at sexual body parts
• Looking someone up and down in a sexual manner

Visual harassment often combines with verbal harassment, such as showing pornography while making sexual comments.

Written and Electronic Harassment

Modern sexual harassment frequently occurs through written communications:

• Sexually explicit or suggestive emails
• Sexual texts or instant messages
• Inappropriate social media messages or posts
• Sexual content in letters or notes
• Sexual graffiti about specific individuals

Electronic harassment can occur 24/7, extending the hostile environment beyond physical workplace boundaries. Courts recognize that harassment via email, text, or social media contributes to a hostile work environment even when sent outside work hours.

Conduct Not Required to Be Sexual in Nature

Harassment based on sex doesn’t always involve sexual content. Title VII also prohibits harassment motivated by animus toward a particular gender. This includes:

• Repeated derogatory comments about women’s or men’s capabilities
• Hostile treatment because of pregnancy
• Harassment for failing to conform to gender stereotypes
• Harassment based on sexual orientation or gender identity (recognized as sex discrimination by the EEOC and many federal courts)

A male supervisor who routinely demeans female employees with comments like “women can’t handle this job” or assigns them degrading tasks based on gender creates a hostile environment even without sexual content.

Who Can Commit Sexual Harassment

Sexual harassment can come from anyone in your work environment. Federal law holds employers responsible for harassment by various individuals depending on their relationship to the company.

Supervisors and Managers

Supervisors are individuals with authority to make or influence tangible employment decisions about you. This includes hiring, firing, promoting, demoting, giving raises, making work assignments, or evaluating performance.

Harassment by supervisors creates the most liability for employers. For quid pro quo harassment, employers are strictly liable. For hostile environment harassment by supervisors, employers are liable unless they prove the Faragher-Ellerth affirmative defense.

Anyone with supervisory authority over you can be a harassing supervisor for Title VII purposes. This includes direct supervisors, managers several levels above you, or people in other departments with authority to affect your employment.

Coworkers

Harassment by coworkers without supervisory authority creates employer liability when the employer knew or should have known about the harassment and failed to take prompt, effective corrective action.

Coworkers can create hostile work environments through repeated sexual comments, touching, displaying pornography, or other harassing conduct. While coworkers cannot commit quid pro quo harassment (lacking supervisory authority), their conduct can make your workplace intolerable.

Employer knowledge is key. If you report coworker harassment and your employer does nothing or takes inadequate action, the employer becomes liable. Even without formal complaints, employers should have known about harassment that’s open and obvious in the workplace.

Customers, Clients, and Vendors

Third parties who aren’t employees can create hostile work environments. Customers who make sexual comments, touch you inappropriately, or create sexual hostile conditions make your employer liable if the employer knows about the harassment and fails to protect you.

Employers must take reasonable steps to stop third-party harassment even though they don’t directly control the harasser. This might include refusing service to harassing customers, assigning you to different duties to avoid contact, or contacting the harassing customer’s employer if they’re a vendor representative.

Some industries face particular challenges with customer harassment—restaurants, bars, hotels, healthcare, and retail often experience significant third-party harassment. Employers cannot excuse harassment simply because “customers will be customers.” They must still protect you.

Non-Supervisory Managers

People with the title “manager” or “lead” who lack authority over your employment can still harass you. Their position of perceived authority or influence might make their harassment more severe even if they technically can’t fire or demote you.

Courts look at whether the person has authority to affect your job in practice, not just what their title suggests. A “team lead” who makes work assignments and evaluates your performance exercises supervisory authority even without formal power to fire you.

Employer Liability: When Companies Are Responsible

Understanding employer liability helps you evaluate whether you have a viable claim and whom to sue. Different rules apply depending on who harassed you and what type of harassment occurred.

Strict Liability for Quid Pro Quo Harassment

When supervisors commit quid pro quo harassment, employers are automatically liable. The company is responsible whether or not they knew about the harassment, had policies against it, or took corrective action. This strict liability reflects that supervisors exercise the employer’s authority when making employment decisions.

The only defense to quid pro quo harassment is proving the conduct didn’t occur or didn’t meet the legal definition. Employers cannot escape liability by claiming ignorance or good policies.

Vicarious Liability for Supervisor Hostile Environment Harassment

For hostile environment harassment by supervisors, employers are subject to vicarious liability. This means the employer is liable for the supervisor’s conduct unless the employer proves the Faragher-Ellerth affirmative defense.

To establish this defense, employers must prove both elements:

1. The employer exercised reasonable care to prevent and promptly correct sexual harassment: This typically requires written anti-harassment policies, effective complaint procedures, training for employees and managers, and prompt investigation of complaints.

2. The employee unreasonably failed to take advantage of preventive or corrective opportunities: The employee didn’t use the employer’s complaint procedures or unreasonably delayed reporting despite knowing about them.

This defense is difficult for employers to establish. Having policies isn’t enough—employers must prove the policies were effective and well-publicized. If you reported harassment through informal channels, tried to handle it yourself first, or feared retaliation, courts often find your failure to use formal procedures was reasonable.

The defense doesn’t apply when the harassment results in a tangible employment action (firing, demotion, undesirable reassignment). In those cases, employer liability is automatic.

Negligence Standard for Coworker and Third-Party Harassment

Employers are liable for coworker and third-party harassment when they knew or should have known about the harassment and failed to take immediate and appropriate corrective action.

Knowledge: You must show the employer had actual knowledge (you reported it) or constructive knowledge (the harassment was so pervasive that management should have known). A single conversation with your supervisor about a coworker’s sexual comments gives your employer actual knowledge.

Failure to act: Once the employer knows, they must take action reasonably calculated to stop the harassment. This doesn’t guarantee the harassment will stop, but the response must be appropriate to the severity and frequency of the conduct.

Corrective action: Appropriate responses might include verbal warnings, written warnings, suspension, transfer, termination, retraining, or other measures depending on the severity. Simply talking to the harasser without follow-up is rarely sufficient for severe harassment.

If you report coworker harassment and your employer does nothing, or takes action but the harassment continues and the employer fails to take stronger measures, the employer is liable.

Employer Duties to Prevent Harassment

Beyond responding to complaints, employers have affirmative duties to prevent sexual harassment. Effective prevention programs should include:

• Clear anti-harassment policies in writing
• Multiple reporting channels (not just direct supervisor)
• Regular training for all employees
• Management accountability for preventing harassment
• Swift and thorough investigation procedures
• Consistent enforcement of consequences
• Protection against retaliation

Employers who implement comprehensive prevention programs may establish the Faragher-Ellerth defense even when harassment occurs, by showing they took reasonable care to prevent it.

Source: Faragher v. City of Boca Raton, 524 U.S. 775 (1998) and Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998)

How to Report Sexual Harassment

Reporting harassment starts the legal clock and creates documentation. How and when you report affects your legal rights and potential remedies.

Internal Reporting to Your Employer

Most employers have complaint procedures outlined in employee handbooks or anti-harassment policies. Using these procedures accomplishes several things:

Creates documented employer knowledge: Once you report, the employer cannot claim ignorance. Their response becomes evidence of whether they took appropriate corrective action.

Triggers employer duty to investigate: Employers must investigate credible harassment complaints. Failure to investigate strengthens your legal claim.

Preserves your rights: Some courts require employees to report harassment internally before suing, as part of their duty to allow the employer opportunity to correct the situation.

Report in writing when possible: Email or written complaints create clear documentation of what you reported and when. If you report verbally, follow up with an email summarizing what you told the manager.

Be specific: Describe what happened, when, where, who was involved, and any witnesses. The more specific your complaint, the easier it is for investigators to verify and the harder for the employer to dismiss.

Use multiple reporting channels if necessary: If your direct supervisor is the harasser, report to HR, a higher-level manager, or whoever your company’s policy designates as alternative contacts.

Filing an EEOC Charge

To sue for sexual harassment under Title VII, you must first file a charge with the Equal Employment Opportunity Commission. This administrative exhaustion requirement gives the EEOC opportunity to investigate and potentially resolve the matter before litigation.

Time deadlines are strict: You must file your EEOC charge within 180 days of the last incident of harassment. In states with their own fair employment agencies (deferral states), the deadline extends to 300 days. Most states are deferral states, but confirm the deadline that applies to you.

Missing the deadline means you lose your right to sue under Title VII. Courts rarely grant exceptions. File as soon as possible after the harassment occurs or after you’re certain the harassment won’t stop.

How to file: You can file online through the EEOC’s public portal, by calling 1-800-669-4000, or by visiting an EEOC field office. The EEOC offers intake interviews to help you describe your charge.

What to include: Your charge should identify you, your employer, and describe the discrimination. Explain what happened, when, and why you believe it was based on sex. Include dates, names, and specific incidents.

EEOC investigation: After filing, the EEOC determines whether to investigate. They may interview you and your employer, review documents, and gather evidence. The EEOC might offer mediation to resolve the charge.

Right to sue letter: If the EEOC doesn’t resolve your charge, they’ll issue a right-to-sue letter. You have 90 days from receiving this letter to file a lawsuit in federal court. This deadline is also strict.

State Fair Employment Agencies

Most states have fair employment agencies that investigate discrimination charges. In deferral states, filing with the EEOC automatically files with the state agency, and vice versa. This dual-filing system preserves your rights under both federal and state law.

State agencies may have longer filing deadlines, lower employee thresholds for coverage, and different remedies than federal law. Filing with both EEOC and your state agency (or filing with one in a deferral state, which covers both) maximizes your protections.

Source: EEOC – How to File a Charge of Employment Discrimination

EEOC Filing Deadlines: The 180/300-Day Rule

The deadline to file an EEOC charge is the most important procedural rule in sexual harassment cases. Missing the deadline typically bars your claim entirely.

The 180-Day Federal Deadline

Under federal law, you must file your EEOC charge within 180 days of the discriminatory act. For sexual harassment, this is usually 180 days from the last incident of harassment.

If harassment occurs over several months, the deadline runs from the most recent harassing act, not the first incident. This continuing violation doctrine allows you to include earlier incidents in your charge as long as they’re part of the same pattern and at least one incident occurred within 180 days.

However, don’t rely too heavily on the continuing violation doctrine. If harassment stopped months ago and you file a charge within 180 days of the last incident, you can include earlier conduct. But if harassment was isolated to a period that ended more than 180 days ago, your claim may be time-barred.

The 300-Day Extended Deadline in Deferral States

In states with fair employment practice agencies that have work-sharing agreements with the EEOC, the filing deadline extends to 300 days. Most states are deferral states.

Deferral states (300-day deadline):
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, and District of Columbia.

Non-deferral states (180-day deadline):
Mississippi and a few other jurisdictions without qualifying state agencies.

Since most states are deferral states, the 300-day deadline applies to most workers. However, verify your state’s status and don’t assume you have 300 days without confirming.

When the Clock Starts

For sexual harassment, determining when the 180 or 300 days begins can be complex:

Hostile environment: The clock runs from the last incident contributing to the hostile environment. If your supervisor made sexual comments daily for months, and the last comment was 200 days ago, you’re within the 300-day deadline in deferral states.

Quid pro quo: The clock runs from when the tangible employment action occurred (termination, demotion, etc.) or when you submitted to unwelcome sexual demands.

Constructive discharge: The deadline runs from your resignation date, not from when the harassment began.

Why Filing Promptly Matters

Even though you may have 300 days, filing sooner is better:

Evidence preservation: Witnesses’ memories fade. Emails get deleted. Recording systems overwrite data. The sooner you file, the more evidence exists.

Continuing employment: Many people file EEOC charges while still employed. Waiting until you’re fired or quit makes it harder to prove harassment was the reason.

Psychological closure: Living with harassment for months while waiting to file is traumatic. Filing starts the process toward resolution.

Potential for early resolution: The sooner you file, the sooner the EEOC can investigate and potentially resolve your charge through settlement or conciliation.

Exceptions Are Rare

Courts rarely excuse late filing. The Supreme Court has held that EEOC filing deadlines are not jurisdictional but are subject to equitable tolling in extraordinary circumstances. However, these circumstances are extremely rare—typically involving fraud by the employer or mental incapacitation of the employee.

Don’t count on exceptions. File within the deadline.

Source: EEOC Charge Filing Deadlines

Investigation Process: What Happens After You File

Understanding the EEOC investigation process helps you prepare and know what to expect after filing your charge.

Initial EEOC Review

After you file, the EEOC reviews your charge to determine if it states a claim under laws they enforce. They assess whether Title VII covers your employer, whether you filed timely, and whether your allegations describe discrimination.

If your charge doesn’t state a claim, the EEOC may dismiss it and issue a right-to-sue letter immediately. If your charge does state a claim, the EEOC notifies your employer and begins the investigation or offers mediation.

Mediation Option

The EEOC offers voluntary mediation for many charges. Mediation is free, confidential, and conducted by trained mediators. Both you and your employer must agree to participate.

Mediation typically occurs quickly, often within a few weeks of filing. If successful, you and your employer reach a settlement agreement resolving your claims. Settlement might include monetary compensation, policy changes, job reinstatement, or other relief.

If mediation fails or either party declines, the charge proceeds to investigation.

Investigation

EEOC investigations vary in depth depending on the case’s complexity and the EEOC’s resource constraints. The investigation may include:

Document requests: The EEOC asks your employer for personnel files, policies, complaint records, emails, and other documents relevant to your charge.

Witness interviews: The EEOC may interview you, the alleged harasser, witnesses, managers, and HR personnel.

Position statements: Your employer submits a written response to your charge, explaining their version of events and any affirmative defenses.

Your response: You may submit a rebuttal to your employer’s position statement, along with additional evidence.

Throughout the investigation, respond promptly to EEOC requests. Provide documents, witness names, and detailed information supporting your charge. The more evidence you give the EEOC, the stronger your case.

Investigation Outcomes

After investigating, the EEOC issues one of several determinations:

Cause determination: The EEOC finds reasonable cause to believe discrimination occurred. The EEOC then attempts conciliation to reach a settlement. If conciliation fails, the EEOC may file a lawsuit on your behalf (rare) or issue a right-to-sue letter allowing you to file your own lawsuit.

No cause determination: The EEOC finds no reasonable cause to believe discrimination occurred. This doesn’t mean your claim lacks merit—it means the EEOC couldn’t substantiate it with available evidence. You still receive a right-to-sue letter and can file your own lawsuit.

Dismissal and notice of rights: The EEOC administratively closes your charge, often due to resource constraints or other priorities. You receive a right-to-sue letter immediately.

Many charges result in right-to-sue letters without full investigations due to the EEOC’s limited resources and high caseload. A right-to-sue letter doesn’t reflect on your claim’s merits.

Timeline Expectations

EEOC investigations typically take 6-10 months, though some take longer. You can request a right-to-sue letter at any time after 180 days from filing your charge. This allows you to proceed with a lawsuit without waiting for the EEOC to complete its investigation.

Many employment attorneys recommend requesting a right-to-sue letter after giving the EEOC several months to investigate, rather than waiting indefinitely. This preserves your right to sue while evidence remains fresh.

Source: EEOC What Happens After Charge is Filed

Right to Sue Letter and Filing Lawsuits

The right-to-sue letter is your ticket to federal court. Understanding how it works is crucial for preserving your right to sue under Title VII.

What Is a Right-to-Sue Letter?

A right-to-sue letter (formally called a Notice of Right to Sue) is a document the EEOC issues stating you may file a lawsuit in federal or state court. You must have this letter before you can sue for Title VII violations.

The letter includes:

• The date of issuance
• Statement that you may file a lawsuit within 90 days
• Whether the EEOC found cause, no cause, or closed administratively
• Your charge number for reference

The EEOC’s determination (cause or no cause) is not binding on courts. You can win a lawsuit even after a no-cause determination, and you can lose after a cause determination. The letter simply grants you permission to sue.

The 90-Day Deadline

You have 90 days from receiving your right-to-sue letter to file a lawsuit in court. This deadline is strictly enforced. Missing it means you lose your right to sue under Title VII forever.

The 90 days runs from when you receive the letter, not when the EEOC mailed it. If the EEOC mailed the letter and you received it three days later, your 90 days starts when you received it. Courts presume you received mail three days after mailing unless you prove otherwise.

File your lawsuit before the 90-day deadline expires. Don’t wait until day 89. Courts have dismissed lawsuits filed one day late. Given the stakes, file with time to spare.

Where to File Your Lawsuit

You can file Title VII lawsuits in federal district court or, in some cases, state court. Federal court is more common for Title VII claims. You typically file in the federal district where the discrimination occurred or where the employer is located.

Many sexual harassment lawsuits include both federal Title VII claims and state law claims for sexual harassment, discrimination, wrongful termination, or emotional distress. Including state claims often increases potential damages and remedies.

Do You Need a Lawyer?

While you can represent yourself in a Title VII lawsuit, employment litigation is complex. Most plaintiffs hire attorneys. Many employment lawyers work on contingency, meaning they only get paid if you recover money. Initial consultations are often free.

An experienced employment attorney can:

• Evaluate your claim’s strength
• Calculate potential damages
• Navigate procedural requirements and deadlines
• Conduct discovery to obtain evidence from your employer
• Negotiate settlements
• Try your case if necessary

If you cannot afford an attorney and cannot find one willing to take your case on contingency, some legal aid organizations help with employment discrimination cases. Bar associations may offer referrals to pro bono attorneys.

Remedies Available in Lawsuits

If you prove sexual harassment in court, you may receive various remedies:

Back pay: Lost wages from termination or constructive discharge, minus amounts you earned from other employment.

Front pay: Future lost earnings if reinstatement isn’t feasible.

Compensatory damages: Emotional distress, mental anguish, medical expenses, and other out-of-pocket losses.

Punitive damages: Additional damages to punish the employer for malicious or reckless conduct.

Injunctive relief: Court orders requiring the employer to stop harassment, change policies, or provide training.

Attorney’s fees and costs: Prevailing plaintiffs typically recover their attorney’s fees from the defendant.

Title VII caps compensatory and punitive damages combined based on employer size:

• 15-100 employees: $50,000
• 101-200 employees: $100,000
• 201-500 employees: $200,000
• 501+ employees: $300,000

These caps don’t apply to back pay, front pay, or attorney’s fees. Many state laws have no damages caps, making state law claims valuable additions to Title VII claims.

Source: 42 U.S.C. § 2000e-5 – Enforcement provisions

Remedies Available Under Federal Law

Understanding available remedies helps you evaluate potential claims and settlement offers. Federal sexual harassment remedies aim to make you whole and deter future violations.

Economic Damages

Back pay compensates you for lost wages resulting from harassment. If you were fired, demoted, or constructively discharged due to harassment, back pay covers lost earnings from that action until judgment or settlement.

Back pay calculations include:

• Lost wages (regular pay plus expected overtime)
• Lost benefits (health insurance, retirement contributions, stock options)
• Lost bonuses and commissions

Employers can reduce back pay by amounts you earned or could have earned with reasonable diligence from other employment. Courts require plaintiffs to make reasonable efforts to find comparable work. However, you don’t need to take substantially inferior positions.

Front pay compensates for future lost earnings when reinstatement isn’t feasible or appropriate. If returning to work for your harasser would be too traumatic, or if the working relationship is irreparably damaged, courts may award front pay instead of reinstatement.

Front pay typically covers a reasonable period to find comparable employment, often 1-3 years. Courts consider your age, skills, job market conditions, and likelihood of finding equivalent work.

Compensatory Damages

Compensatory damages under Title VII include:

Emotional distress: Mental anguish, humiliation, anxiety, depression, and other psychological harm caused by harassment. You can recover for both past suffering and ongoing emotional distress.

Medical expenses: Therapy costs, psychiatric treatment, medication, and other medical care related to harassment.

Out-of-pocket losses: Job search expenses, moving costs if you had to relocate, or other expenses caused by harassment.

You need not provide expert testimony or medical documentation for emotional distress damages, though evidence strengthens your claim. Your own testimony about how harassment affected you can support emotional distress damages.

Punitive Damages

Punitive damages punish employers for malicious or recklessly indifferent conduct. To recover punitive damages, you must prove the employer engaged in discrimination with malice or reckless indifference to your federally protected rights.

Malice means intentional violation of your rights. Reckless indifference means the employer knew discrimination was likely but didn’t care. An employer who ignores repeated harassment complaints, fails to investigate, or allows harassment to continue after learning about it may be liable for punitive damages.

Employers can avoid punitive damages by showing good faith efforts to comply with Title VII, such as comprehensive anti-harassment policies, training programs, and prompt responses to complaints. The Faragher-Ellerth defense that limits vicarious liability can also help defeat punitive damages claims.

Injunctive Relief

Courts can order employers to take specific actions to prevent future harassment:

• Reinstate you to your former position
• Promote you to the position you would have held absent discrimination
• Change policies and procedures to prevent harassment
• Provide anti-harassment training
• Discipline or terminate harassers
• Post notices of rights
• Submit to monitoring or reporting

Injunctive relief costs the employer nothing directly but requires behavioral changes. These remedies benefit future employees by improving workplace culture.

Attorney’s Fees and Costs

Prevailing plaintiffs in Title VII cases typically recover attorney’s fees and costs from defendants. This fee-shifting provision encourages attorneys to take discrimination cases and ensures victims aren’t deterred from suing by legal costs.

Attorney’s fee awards can be substantial, sometimes exceeding the damages awarded. Courts calculate fees based on hours reasonably expended and reasonable hourly rates in the jurisdiction.

Defendants rarely recover attorney’s fees even when they win, unless the plaintiff’s case was frivolous or brought in bad faith.

Statutory Damages Caps

Title VII caps combined compensatory and punitive damages based on employer size:

Employer Size	Damages Cap
15-100 employees	$50,000
101-200 employees	$100,000
201-500 employees	$200,000
501+ employees	$300,000

These caps don’t apply to back pay, front pay, or injunctive relief. A plaintiff could recover $200,000 in back pay, $300,000 in capped compensatory and punitive damages, and $150,000 in attorney’s fees, for $650,000 total against a large employer.

The caps are controversial and often criticized as inadequate for severe harassment. Many state laws have no damages caps, making state claims valuable.

Source: 42 U.S.C. § 1981a – Damages in cases of intentional discrimination

State Laws Provide Stronger Protections

While Title VII establishes federal baseline protections, many states exceed federal standards with lower employee thresholds, longer filing deadlines, higher damages, and broader definitions of harassment.

Lower Employee Thresholds

Title VII’s 15-employee requirement leaves workers at small businesses without federal protection. Many states fill this gap:

No minimum threshold: Vermont covers employers of any size. California’s FEHA covers employers with 5+ employees for harassment claims (only 1 employee for harassment by owners).

Thresholds lower than 15: New York covers employers with 4+ employees under state human rights law. Illinois covers employers with 1+ employees. Washington covers employers with 8+ employees.

If your employer has fewer than 15 employees, federal law may not apply, but state law likely does.

No Damages Caps

Many states have no caps on compensatory or punitive damages for sexual harassment. California, New York, Illinois, and other states allow juries to award unlimited damages based on the severity of harassment and employer’s culpability.

This difference is huge. A severe harassment case against a 100-employee company is capped at $50,000 in combined compensatory and punitive damages under Title VII. The same case under California’s FEHA has no cap—juries could award millions.

Longer Filing Deadlines

State administrative filing deadlines often exceed federal limits:

California: 3 years to file with the Civil Rights Department (formerly DFEH)
New York: 3 years to file with the Division of Human Rights
Illinois: 300 days to file with IDHR (same as federal)
Texas: 180 days (same as federal for most claims)

Longer deadlines give you more time to decide whether to file and better preserve evidence and witness memories.

Expanded Definitions and Protected Conduct

States often prohibit conduct beyond Title VII’s scope:

All gender identity and sexual orientation: While federal courts increasingly recognize these as protected under Title VII’s prohibition on sex discrimination, state laws explicitly protect them in many states.

Broader employer liability: Some states impose stricter liability standards or eliminate the Faragher-Ellerth defense for employer liability.

Individual liability: Some states allow you to sue individual harassers personally, not just the employer. California allows personal liability for supervisors and managers under FEHA.

Third-party harassment: Some states impose stronger duties to protect employees from customer and client harassment.

Additional Remedies

State laws may provide remedies unavailable under Title VII:

• Automatic treble damages for wage-related violations
• Penalties paid to the state in addition to damages paid to you
• Broader injunctive relief
• Jury trials for all claims (Title VII allows jury trials, but some state procedures differ)

State-Specific Sexual Harassment Guides

Sexual harassment laws vary significantly by state. Select your state below to learn about state-specific protections, filing procedures, deadlines, and remedies that may exceed federal Title VII standards:

West Coast States

• California – Sexual Harassment Hub – FEHA covers employers with 5+ employees, 3-year filing deadline, no damages caps, individual liability for harassers, mandatory training requirements under SB 1343

• Washington – Sexual Harassment Hub – Washington Law Against Discrimination covers employers with 8+ employees, stronger protections than federal law, no damages caps

• Oregon – Sexual Harassment Hub – Covers employers with 1+ employees, broader definitions of harassment, specific protections for domestic workers

Northeast States

• New York – Sexual Harassment Hub – NYSHRL covers employers with 4+ employees, 3-year filing deadline, no damages caps, mandatory training requirements, strict employer liability standards

• Pennsylvania – Sexual Harassment Hub – PHRA covers employers with 4+ employees, administrative filing through PHRC, state court remedies

• Massachusetts – Sexual Harassment Hub – Covers employers with 6+ employees, specific protections against sexual harassment, damages available under state law

Southern States

• Texas – Sexual Harassment Hub – Texas Commission on Human Rights Act covers employers with 15+ employees (same as federal), 180-day filing deadline, generally follows federal standards

• Florida – Sexual Harassment Hub – Florida Civil Rights Act covers employers with 15+ employees, administrative exhaustion through FCHR required, caps on damages

• Georgia – Sexual Harassment Hub – Limited state statutory protections, generally relies on federal Title VII, common law claims available

• North Carolina – Sexual Harassment Hub – State law provides limited protections beyond federal law, administrative complaints through Office of Administrative Hearings

Midwest States

• Illinois – Sexual Harassment Hub – Illinois Human Rights Act covers employers with 1+ employee, broader protections than federal law, mandatory training requirements

• Ohio – Sexual Harassment Hub – Covers employers with 4+ employees, administrative complaints through Ohio Civil Rights Commission, generally follows federal standards with some state-specific enhancements

Frequently Asked Questions

Is one sexual comment enough to be harassment?

Generally, no. Hostile environment harassment typically requires conduct that is severe or pervasive. A single comment is rarely enough unless it’s extremely severe, like an explicit sexual proposition combined with threats. However, severe physical conduct like sexual assault can constitute harassment even as a single incident. If the comments continue after you object, this strengthens your harassment claim.

Can I be sexually harassed by someone of the same gender?

Yes. Same-sex sexual harassment is illegal under Title VII. The Supreme Court held in Oncale v. Sundowner Offshore Services that Title VII prohibits harassment between men, between women, or involving any gender combination. The harasser’s sexual orientation is irrelevant. What matters is whether the conduct was based on sex and created a hostile environment.

What if I didn’t explicitly say “no” to sexual advances?

Harassment law focuses on whether conduct was unwelcome, not whether you explicitly rejected it. Unwelcome means you didn’t solicit or invite the conduct and regarded it as undesirable or offensive. You might not object directly due to fear of retaliation, power dynamics, or discomfort. However, clearly communicating that conduct is unwelcome strengthens your case by eliminating ambiguity.

Does my employer’s anti-harassment policy protect them from liability?

Not automatically. Having a policy is one factor in the Faragher-Ellerth defense, but employers must also prove the policy was effective, well-communicated, and that you unreasonably failed to use it. If you reported harassment through the policy and your employer failed to stop it, the policy doesn’t protect them. Policies without enforcement are worthless for defense purposes.

Can I be fired for reporting sexual harassment?

No. Retaliation for reporting sexual harassment or participating in harassment investigations violates Title VII independently of the underlying harassment claim. If you’re fired, demoted, or otherwise punished for reporting harassment, you have a separate retaliation claim even if the harassment claim doesn’t succeed. Retaliation is actually the most common type of EEOC charge.

What if the harassment happened months or years ago?

You must file your EEOC charge within 180 days (or 300 days in deferral states) of the last incident of harassment. If harassment stopped years ago and you’re beyond the filing deadline, you likely cannot pursue a Title VII claim for that harassment. However, if you face retaliation now for complaining about past harassment, the retaliation itself is a new violation with its own filing deadline. Some state laws have longer deadlines than federal law.

Do I need a lawyer to file an EEOC charge?

No. You can file an EEOC charge without a lawyer. The EEOC provides intake assistance and forms to help you file. However, consulting an employment attorney before filing can help ensure your charge adequately describes your claims and preserves all your rights. Many employment attorneys offer free initial consultations.

Will filing a complaint make things worse at work?

This is a common fear, but retaliation for filing EEOC charges is illegal. If your employer retaliates against you for filing, you have an additional legal claim. Employers who retaliate face serious consequences including additional damages, punitive damages, and attorney’s fees. That said, some employers do retaliate despite the law. Document everything after filing and report any adverse treatment immediately.

Related Federal Employment Law Topics

Sexual harassment claims often intersect with other employment law protections. Understanding these connections helps you identify all your legal claims:

• Workplace Discrimination – Sexual harassment is a form of sex discrimination under Title VII
• Workplace Retaliation – Retaliation for reporting harassment creates independent claims
• Wrongful Termination – Termination due to harassment or refusing sexual advances is wrongful termination
• Employment Contracts – Arbitration agreements may affect how you pursue harassment claims
• Wage Theft – Quid pro quo harassment involving wages or hours may violate wage laws

Protect Your Rights Against Sexual Harassment

Sexual harassment violates federal civil rights law and creates a hostile work environment that no one should tolerate. If you experience unwelcome sexual conduct at work, you have legal protections and remedies.

Document every incident with dates, times, locations, what was said or done, and any witnesses. Save emails, texts, and other evidence. Report harassment through your employer’s complaint procedures if safe to do so.

File an EEOC charge within 180 days (or 300 days in deferral states) of the last incident. Don’t wait—filing deadlines are strict and missing them means losing your right to sue. The EEOC will investigate and issue a right-to-sue letter allowing you to file a lawsuit within 90 days.

Consider consulting an employment attorney who can evaluate your claim, explain your options, and represent you through EEOC proceedings or litigation. Many employment lawyers work on contingency and offer free initial consultations.

Your state may provide stronger protections than federal law, including lower employee thresholds, longer filing deadlines, and higher damages. Check your state’s specific sexual harassment laws to understand all available remedies.

Sexual harassment is illegal, and you don’t have to endure it. Federal and state laws exist to protect you—use them.

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Get Help With Your Sexual Harassment Claim

If you’ve experienced sexual harassment at work, you may be entitled to compensation including back pay, emotional distress damages, punitive damages, and attorney’s fees. Get a free case review from an employment law expert who can evaluate your situation and explain your options for holding your employer accountable.

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Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. Employment laws vary by state and change frequently. For advice specific to your situation, please consult with a licensed employment attorney in your state. Employment Law Aid is not a law firm and does not provide legal representation.