Identify the conduct and its effect

Sexual harassment may involve unwelcome sexual advances, requests for sexual favors, touching, messages or other conduct because of sex. A legal claim can arise when submission is tied to an employment decision, or when conduct is sufficiently severe or pervasive to create an unlawful hostile work environment.

The full context matters. Frequency, seriousness, threats, interference with work and the relationship between the people involved can affect the analysis. Not every offensive remark meets the legal threshold, while an extremely serious incident may require attention even if it happens once.

Explain what the employer knew

Employer responsibility can depend on whether the person involved was a supervisor, coworker or nonemployee, whether a job consequence occurred and how the employer responded. Identify any reporting policy, the reports you made, who received them and the response. Concerns about using a reporting channel are also relevant to an assessment.

Preserve an accurate record

Write down events while you can recall them clearly, including dates, locations, exact language where remembered and witnesses. Preserve records you lawfully possess without altering them. Do not access restricted accounts or take confidential employer material to build a case.

  • Relevant messages, emails and screenshots with dates
  • Reports to management or human resources and any replies
  • Changes to shifts, duties, pay or discipline after a report

Address retaliation and deadlines

Reporting sexual harassment or participating in an investigation can be protected activity. A reduction in hours, threat or termination after reporting may raise a separate retaliation issue, although timing alone does not settle the claim. Agency filing requirements may apply even while an internal investigation continues. Prompt review helps identify the correct process and preserve available options.

Common questions

What employees ask us

Can harassment involve someone who is not my supervisor?

Yes. Conduct by coworkers, customers or others can raise legal issues. The employer’s knowledge and response, along with the specific circumstances, affect responsibility.

Should I wait for an internal investigation to finish?

An internal process generally does not pause an EEOC filing deadline. An individual assessment can address the investigation and filing obligations at the same time.

Official information

Content updated October 21, 2026. General information; individual circumstances and applicable law matter.