A coworker says something insulting about your looks, your gender or your sexual preferences. You are shocked and hurt, and you feel like they are committing sexual harassment. You tell them their behavior is unacceptable and that you are going to file a report with human resources.
In response, the coworker acts like the whole thing is actually your fault. They may say that they were just teasing you or just joking. They may accuse you of not having a sense of humor or simply not getting the joke. They insist that they were not harassing you, but were just trying to say something funny. Is it still sexual harassment?
A hostile work environment
Yes, jokes absolutely can be sexual harassment. For one thing, they can contribute to a hostile work environment. If coworkers or even supervisors are constantly making jokes at your expense, you are not going to feel comfortable in the workplace. You may feel targeted or marginalized.
Additionally, when someone says “it was just a joke,” that may simply be an excuse. They know that what they said was wrong and harmful, but they are trying to pretend that it was just a joke because of the way you reacted to it. They may also be trying to gaslight you by acting as if you are the one with the problem because you “took it the wrong way” or you “do not have a sense of humor,” when the real fault still lies with them.
Your legal options
If you are subjected to sexual harassment on the job or if you are forced to work in a hostile work environment, it is crucial that you understand all of the legal options at your disposal.