There are several different kinds of conduct that constitutes sexual harassment:

• Unwelcome conduct that is directed at gender (male or female)
• Unwelcome sexual conduct or requests for sexual favors that either explicitly or implicitly becomes a condition of employment
• Employment decisions/actions based on the submission or rejection of unwelcome sexual conduct or requests
• Unwelcome sexual/gender based conduct or requests that unreasonably interferes with an employee's work performance or creates an intimidating, hostile, or offensive work environment

Essentially the above conduct falls into two categories: economic harassment (formerly referred to as Quid Pro Quo) and environmental harassment (also referred to as hostile work environment). Economic harassment focuses on the harm to the victim and requires a tangible employment action, such as a loss of pay, job, position, promotion or workload. Environmental harassment focuses on severe or pervasive conduct that is unwelcome, relates to gender or sex and creates an intimidating, hostile or offensive environment for an employee or interferes with the employee's work performance.

Sexual harassment can occur in a variety of circumstances:

• The victim as well as the harasser may be a woman or a man.
• The victim does not have to be of the opposite sex.
• The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.
• The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
• Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
• The harasser's conduct must be unwelcome.

It is also unlawful to retaliate against an individual for filing a sexual harassment complaint, opposing employment practices that discriminate based on sex, testifying, or participating in any way in an investigation, proceeding, or litigation under Title VII.

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