Originally published September 24, 2014. Substantially reviewed and updated September 6, 2026 using current U.S. Equal Employment Opportunity Commission guidance.

What federal law means by sexual harassment

The EEOC describes sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Sex-based harassment does not have to be sexual; it can include offensive remarks about a person’s sex. Title VII generally covers employers with 15 or more employees, along with employment agencies, labor organizations, and federal, state, and local government employers.

Not every offensive interaction meets the legal standard. The conduct may be unlawful when enduring it becomes a condition of employment or when it is sufficiently severe or pervasive to create a work environment a reasonable person would consider intimidating, hostile, or abusive. The analysis is fact-specific.

What to do after an incident

1. Address immediate safety. If there is a threat, assault, stalking, or urgent danger, prioritize safety and contact appropriate emergency or law-enforcement resources.
2. Write a factual chronology. Record dates, locations, exact words or actions, witnesses, responses, work consequences, and who received each report.
3. Preserve original evidence. Keep lawful copies of messages, emails, schedules, evaluations, complaints, policies, and responses. Do not alter metadata or use unauthorized access.
4. Review the reporting policy. Identify all listed reporting options, especially if the alleged harasser is in the usual chain of command.
5. Report in a verifiable way. A clear written report can document notice and requested action. Be accurate; distinguish facts, witnesses, and conclusions.
6. Track the response and any retaliation. Document schedule changes, discipline, exclusions, changed duties, pay decisions, threats, or other actions after the report.
7. Calculate every outside deadline. Consult the EEOC or counsel promptly. Internal investigation, grievance, severance negotiation, or leave generally does not stop an EEOC filing clock.

Filing an EEOC charge

Most federal employment-discrimination laws enforced by the EEOC require a charge before a private lawsuit. An online inquiry is not necessarily the completed charge. The EEOC Public Portal can begin the intake process, and the EEOC states that the decision to file a formal charge remains with the individual.

After the EEOC closes its investigation, a Notice of Right to Sue generally triggers a 90-day period for a Title VII lawsuit. Different statutes have different rules and exceptions. Calendar the receipt date and seek advice immediately.

Questions to bring to counsel

• Who employed you, how many employees it has, and where you worked.
• Who engaged in the conduct and their authority over your job.
• What was said or done, how often, and who witnessed it.
• When and how you reported it, and how the employer responded.
• Any tangible job action, medical impact, wage loss, or retaliation.
• Relevant agreements, arbitration terms, union procedures, or government-employer rules.

Related resources

Legal information, not legal advice. Coverage, deadlines, defenses, and remedies depend on the employer, location, statute, parties, facts, and procedural history.