Sex discrimination is illegal, and so is sexual harassment. Harassment is a form of employment that is unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability, or genetic information. Petty slights, annoyances, and isolated incidents (unless extremely serious) will not rise to the level of illegality.

Harassment becomes unlawful where (1) enduring the offensive conduct becomes a condition of employment or (2) the conduct is severe or pervasive enough to create a work environment to a reasonable person. According to the EEOC, sexual harassment is a form of sex discrimination that includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. There are two major types. Quid pro quo sexual harassment occurs when sexual consent affects job outcomes, such as getting a job or assignment or promotion, or keeping one’s job.

Hostile work environment sexual harassment occurs when unwelcomed sexual behavior creates an intimidating and offensive workplace for anyone. Most large firms have written policies defining sexual harassment and how to report violations; some also have policies regarding romance at work. Some behavior is clearly harassment the first time, such as unwelcome requests for quid pro quo and touching in private areas, and should be reported, or at least employees should be given a verbal warning threatening to report the harassment.