Sexual harassment is something that many employees have to deal with. If you were to accuse someone in your workplace of sexual harassment, one of the first things they might say is that they never touched you.
Can you still claim sexual harassment if they are speaking the truth when they say they did not touch you?
Touch is not necessary
While some forms of sexual harassment do involve physical touch, many do not. In fact, sexual harassment could technically occur even when you have never met or even been in the same room as the other person.
The spoken and written word could count
Someone could sexually harass you by words alone. They could say sexual things to your face, say sexual things to others about you or say them in a phone call, email, text message or group chat. Those comments of a sexual nature that you sometimes see scrawled on the walls of restroom cubicles might constitute harassment, too.
Perpetrators may come up with other “creative” ways of harassing someone, such as drawing a picture, making a collage or leaving certain items on their desk.
Gestures alone may be enough
A person can keep their hands to themself and refrain from speaking or writing anything, and still sexually harass someone else. Maybe it is the constant ogling every time you walk past, or something they do with their eyes, tongue or hand.
“It was just a joke” is another of the things a person might counter if you accuse them of sexually harassing you. Anyone who has been on the receiving end knows it is not, and employers have a duty not to dismiss it as such. If you struggle to get the resolution you need, legal guidance may be your best option.