Is Flirting at the Office Unlawful?

Is Flirting at the Office Unlawful?

How to know if it’s harmless or if it’s harassment

Your new coworker is outgoing, friendly, talkative … and apparently, a flirt.

He unabashedly compliments you on your appearance, smiles and winks at you as he walks by, and jokingly asks if he is your “type.”

You were friendly at first but now you’re becoming increasingly uncomfortable as his flirting escalates.

You’re also concerned about how his interaction with you is being seen by other coworkers and your supervisor. Finally, you tell him in no uncertain terms to leave you alone. He doesn’t. Instead, he mocks you, and complains about you to coworkers.

Is this harassment? Let’s discuss the difference between flirting and harassment at work.

Flirting v. harassment—what’s the difference?

The key difference between flirting at the office and harassment is that harassment is unwelcome and discouraged.

Harassment is often persistent and severe. Flirting may begin innocently enough but then develop into harassment. It can be about the violation of a coworker’s boundaries.

When it comes to flirting at the office, asking the offender to stop should be enough. If the flirting does not stop, or escalates, it may cross the line to harassment.

Harassment under the law

Harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.

Harassment can occur when severe and persistent conduct creates a hostile work environment due to its intimidating, hostile, or offensive nature.

The standard is objective rather than subjective, that is—the conduct must be of such a nature that a reasonable person would consider intimidating, hostile, or abusive.

When flirting gets out of hand

If a coworker’s flirting makes you feel uncomfortable, offended, or intimidated, tell the person directly and firmly that the behavior is unwelcome and to stop immediately. You should also report the offending conduct to management. Note the date and time of your report, as well as who you spoke to.

If you are not sure if a coworker’s flirting constitutes harassment, tell him or her to stop. If the behavior does not stop, that is a clear indication that it is not harmless flirting but harassment.

Harassment that is not addressed by management may require legal intervention.

The consequences of harassment

Harassment in the form of unwanted flirting may result in an adverse employment decision, such as cut backs in hours or firing. However, harassment is unlawful whether or not it results in negative work-related actions.

If you suspect that flirting in your workplace has crossed the line to harassment, and that the conduct you are experiencing or witnessing is unlawful, you should speak with an experienced employment attorney.