A coworker makes a sexual joke about you during a meeting. You laugh to avoid an awkward moment, but the jokes continue. Soon, you start avoiding that coworker. When others dismiss the remarks as harmless, you might hesitate to speak up.
Laughing at a joke does not mean you welcomed it. While not every offensive comment violates the law, repeated or especially serious sexual remarks may create a hostile work environment if they make your workplace intimidating or abusive.
When sexual attention is unwelcome
Unwelcome sexual attention means words or actions you do not want. A coworker keeps commenting on your body, even after you change the subject. The person may call it a joke, but that does not mean you welcomed the remarks.
You also do not have to confront someone for the attention to count as unwelcome. You might stay quiet to avoid trouble at work. Your silence alone does not mean you accepted the behavior.
How serious does the behavior have to be?
Federal and Missouri law prohibit sexual harassment that creates a hostile work environment. To meet that standard, the behavior must be severe or pervasive. This means it is very serious or happens often enough to make the workplace abusive. The law also looks at whether a reasonable person in your position would see the workplace that way.
One crude joke usually falls short of that standard. Repeated sexual remarks may qualify if they create an abusive work setting. A single serious incident, such as sexual assault, also qualify. You do not have to lose your job or show a drop in work performance for harassment to violate the law.
Deciding how to respond
Even when the behavior falls short of the legal standard, your employer’s rules might still prohibit it. You may want to record what happened and save relevant messages while the details are fresh. Learning about ways to address workplace misconduct could help you decide how to respond.
