Can “teasing” be considered sexual harassment?

The Civil Rights Act does not prohibit “genuine but innocuous differences in the ways men and women routinely interact with members of the same sex and of the opposite sex.” A recurring point in the court’s opinions is that “simple teasing,” offhand comments, and isolated incidents (unless extremely serious) will not amount to discriminatory changes in the terms and conditions of employment. Title VII is not a general civility code.

The court’s tests are designed to filter out complaints attacking “the ordinary tribulations of the workplace, such as the sporadic use of abusive language, gender-related jokes, and occasional teasing.” It is “clear that conduct must be extreme to amount to a change in the terms and conditions of employment, and the courts of appeals have heeded this view.”

Conduct that is not severe or pervasive enough to create an objectively hostile or abusive work environment — an environment that a reasonable person would find hostile or abusive — is beyond the statute’s scope. That crucial requirement is intended to ensure that courts and juries do not mistake ordinary socializing in the workplace — such as flirtation or male-on-male horseplay — for discriminatory conditions of employment.

Conduct, which a reasonable person would find severely hostile or abusive, given an appropriate common sense sensitivity to social context, clearly will be regarded as sexual harassment. The objective severity of harassment is judged from the perspective of a reasonable person in the complainant’s position, considering all the circumstances. Physical contact or touching is not necessary. The critical issue is whether members of one sex are exposed to disadvantageous terms or conditions of employment to which members of the other sex are not exposed.

Case Studies: Understanding Sexual Harassment in the Workplace

Case Study 1: The Impact of “Teasing”

Mary is a new employee at a marketing firm. She notices that her male colleagues often engage in what they consider harmless teasing. They make comments about her appearance, crack jokes with sexual innuendos, and sometimes touch her inappropriately.

Mary feels uncomfortable and belittled by these actions but is unsure if it qualifies as sexual harassment. Can “teasing” be considered sexual harassment?

Case Study 2: The Role of Severity and Pervasiveness

John works in a warehouse where his male coworkers frequently make derogatory comments about his sexual orientation. They make offensive jokes, call him names, and create a hostile work environment.

John has repeatedly expressed his discomfort to his supervisor, but no action has been taken. He wonders if the conduct he experiences is severe and pervasive enough to be considered sexual harassment.

Case Study 3: Understanding the Perspective of a Reasonable Person

Sarah works in a male-dominated tech company. She constantly faces inappropriate comments and advances from her male colleagues.

While they might argue it’s harmless banter or mere flirtation, Sarah finds the behavior demeaning and believes it creates a hostile work environment.

She wonders how the perspective of a reasonable person is taken into account when determining the severity of sexual harassment.

Case Study 4: Unequal Treatment and Conditions of Employment

David and Emily work as engineers in the same company. David receives more challenging assignments, attends important meetings, and is considered for promotions more frequently than Emily, despite their similar qualifications and performance.

Emily believes that this differential treatment based on gender amounts to sexual harassment since she is exposed to disadvantageous terms and conditions of employment.