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Which of the following behaviors would be considered sexual harassment on the continuum of harm: Examples, legal standards, documentation, and next steps

Which of the following behaviors would be considered sexual harassment on the continuum of harm: Examples, legal standards, documentation, and next steps

Learn which of the following behaviors would be considered sexual harassment on the continuum of harm and how to spot, document, and report physical, verbal, digital, or quid pro quo conduct at work. Practical examples, legal context, bystander tips, and next steps to protect your rights.

Estimated reading time: 12 minutes

Key Takeaways

  • Sexual harassment exists on a continuum from subtle comments to physical assault and can escalate if unchecked.

  • Unwelcome conduct that is sexual in nature, repeated, or creates an intimidating environment can qualify as harassment.

  • Quid pro quo and hostile work environment are two main legal frameworks; power-based threats or promises tied to sexual favors are illegal.

  • Document incidents, seek support, and report using company policies; consider consulting an employment attorney early.

  • Employers and bystanders play a key role in stopping escalation by acting early and fairly.

Table of Contents

  • Introduction

  • What the “continuum of harm” means

  • Which behaviors are sexual harassment on the continuum of harm?

  • Physical behaviors

  • Verbal behaviors

  • Power-imbalance and quid pro quo behaviors

  • Other subtle but harmful actions that add to a hostile environment

  • How the law looks at sexual harassment

  • Who can be a harasser?

  • Real-life examples tied to the continuum of harm

  • What if the behavior happens only once?

  • How retaliation fits in

  • How to document and respond safely

  • Work-from-home and digital harassment

  • Customers, vendors, and third parties

  • Why early action matters

  • Managers: your role

  • Common myths vs. facts

  • How to describe what happened when you report

  • Your rights include protection from retaliation

  • How a lawyer can help you

  • Checklist: Is this behavior sexual harassment on the continuum of harm?

  • Bystanders: how to help safely

  • FAQ

  • Summary of behaviors that would be considered sexual harassment on the continuum of harm

  • What to do next if you think you are facing sexual harassment

  • Special note if you experienced sexual assault

  • How employers can build a safe culture

  • When to call an employment attorney right away

Introduction

If you are asking “which of the following behaviors would be considered sexual harassment on the continuum of harm,” you are not alone. Many workers feel unsure about where the line is. The truth is, sexual harassment is not just one thing. It exists on a “continuum of harm.” That means it can start with subtle words or jokes and grow into more serious misconduct. Any behavior that is unwelcome, sexual in nature, and makes the workplace feel hostile, intimidating, or humiliating can be sexual harassment. It also includes situations where someone suggests you must accept sexual behavior to keep your job or get ahead. These ideas come from leading research and guidance used in the military and workplaces across the U.S. (Source: Learn more here; Source: View resource; Source: View resource)

What the “continuum of harm” means

The continuum of harm is a way to see how behavior that seems “small” can still cause real harm and can also lead to more serious acts if ignored. It covers a range of sexual harassment behaviors, from off-color jokes to physical assault. It shows how a hostile culture can build over time and increase risk for worse harm, including sexual assault, if people do not step in early. (Source: Learn more here; Source: View resource; Source: View resource)

In plain words:

  • Sexual harassment is not always loud or obvious.

  • It can start with words or online posts.

  • It can become more frequent or more severe.

  • It can make a person feel unsafe or trapped at work.

  • It can include threats or promises tied to sexual favors.

Any one of these behaviors—if it is unwelcome, repeated, or creates an intimidating environment—falls within the scope of sexual harassment under common legal, military, and workplace standards. (Source: Learn more here; Source: View resource; Source: View resource; Source: View resource; Source: View resource)

Which behaviors are sexual harassment on the continuum of harm?

Think about three broad buckets: physical, verbal, and power-based (quid pro quo). There are also other harmful actions that can add to a hostile culture.

Physical behaviors

These are non-consensual, sexual touches or close contact. Even a “small” touch can be illegal if it is sexual or unwanted and it affects your work.

  • Sexual touching, pinching, groping, butt slapping, unwelcome kissing, or touching of breasts or the genital area. These are direct, non-consensual actions and are never okay at work. (Source: View resource; Source: View resource)

  • Massaging someone’s shoulders or lingering physical contact when it is unwelcome and repeated. Even if someone says “I’m just being friendly,” if you do not want it and it keeps happening, it can be harassment. (Source: View resource)

Verbal behaviors

These are words, comments, jokes, or questions that are sexual in nature or tied to gender or sexuality. Repetition increases harm. Some one-time comments can also be severe.

  • Sexual innuendos or jokes based on gender or sexuality, especially if repeated over time. This includes remarks that hint at sexual meaning. (Source: Learn more here; Source: View resource)

  • Calling an adult by sexualized or unprofessional pet names, like “honey,” “babe,” or “stud.” (Source: View resource)

  • Repeated comments on someone’s body, clothes, or looks in a sexual way. (Source: View resource)

  • Asking about sexual history, preferences, or fantasies. (Source: View resource)

  • Pressuring someone for dates or repeatedly asking them out after they say no. (Source: View resource)

  • Telling sexual stories or discussing sexual topics at work. (Source: View resource)

  • Spreading rumors about someone’s sex life or preferences. (Source: View resource)

  • Making sexual noises, such as whistling, kissing sounds, or howling. (Source: View resource)

Power-imbalance and quid pro quo behaviors

This is when a boss, supervisor, investor, or any person with power ties work benefits or punishment to sex or dating. It can be stated or implied.

  • Suggestions, threats, or promises of preferential treatment (like a promotion, a raise, a better shift, or investment) in exchange for sexual favors. (Source: View resource)

  • Implied or overt threats of bad treatment—like demotion, reduced hours, firing, or bad reviews—if sexual advances are rejected. (Source: Learn more here; Source: View resource)

Other subtle but harmful actions that add to a hostile environment

These behaviors can spread a culture that normalizes disrespect and harm. They often look “small” but add up and can escalate.

  • Sexist jokes, hazing, and cyberbullying that support a hostile environment. This can be in group chats, emails, or at work events. (Source: Learn more here)

  • Repeated innuendo that implies sexual meaning. Over time, it can wear someone down and make them feel unsafe. (Source: Learn more here; Source: View resource)

Key point: these behaviors can start subtle and escalate to more explicit forms. All of them contribute to the continuum of harm and increase risk for sexual assault if unchecked. (Source: Learn more here; Source: View resource; Source: View resource)

How the law looks at sexual harassment

In the U.S., sexual harassment is a form of sex discrimination. Most workplaces with 15 or more employees are covered by federal law, and many states protect workers in even smaller workplaces. Two common legal types are:

  • Quid pro quo: A person with power ties a job benefit or penalty to sexual demands.

  • Hostile work environment: Conduct that is unwelcome and severe or pervasive enough to make work feel hostile, intimidating, or abusive.

You do not have to use legal words to report. You do not have to suffer in silence. Even one incident can be illegal if it is severe (for example, groping). Repeated “smaller” acts can be illegal if they add up and change your work environment. This fits the continuum of harm approach that many institutions use. (Source: Learn more here; Source: View resource; Source: View resource; confirmation that unwelcome, repeated, or intimidating conduct falls within scope: View resource; View resource) You can learn more about how to file an EEOC complaint and the agency process here: Learn more here

Who can be a harasser?

  • A supervisor, manager, or owner.

  • A co-worker at any level.

  • A client, customer, vendor, or contractor.

  • A board member or investor.

  • A person of any gender.

  • More than one person at a time.

It can also happen during remote work, over text, in DMs, on video calls, or at work events.

Real-life examples tied to the continuum of harm

These short examples show how behavior can move along the continuum. Each example links to the types of conduct listed above.

  • Early-stage environment: A team chat fills with sexual jokes and memes. People make kissing noises when a new hire walks by. Some staff call her “babe” and comment on her outfits. This is verbal harassment and creates a hostile environment. (Source: Learn more here; Source: View resource)

  • Escalation: A co-worker starts “friendly” shoulder rubs every day after a meeting. The person says stop, but the co-worker laughs and keeps doing it. This is unwelcome touching. (Source: View resource)

  • Quid pro quo: A manager says, “Go on a date with me and I’ll put you up for promotion. If not, I can’t promise anything.” This is a clear quid pro quo and is illegal. (Source: View resource; Source: Learn more here)

  • Severe incident: A client gropes an employee at a trade show. That one act can be severe enough on its own. (Source: View resource; Source: View resource)

  • Online harassment: Co-workers spread rumors in a group chat about a person’s sex life and send sexual memes. This is harassment and cyberbullying. (Source: Learn more here; Source: View resource)

What if the behavior happens only once?

Context matters. The law looks at whether conduct is severe or pervasive. A single severe act like groping, forced kissing, or a serious threat can be enough. Repeated less-severe acts can also be illegal when they make the workplace hostile. This mirrors the continuum of harm model used by military and workplace policies, which recognizes that even “subtle” acts can build and cause real harm. (Source: Learn more here; Source: View resource; Source: View resource; Source listing groping/touching as harassment: View resource)

How retaliation fits in

Retaliation means punishment for reporting, resisting, or helping with an investigation. Retaliation can look like cutting hours, firing, demotion, bad reviews without cause, or excluding you from meetings. Retaliation for reporting discrimination or harassment is illegal. You have rights if you face retaliation after speaking up.

How to document and respond safely

You get to choose what to do and when. Your safety and well-being come first. Here are steps many workers find helpful:

  • Write down each incident. Include dates, times, what happened, who was there, and how it affected your work. Save screenshots of texts, emails, DMs, or posts. Keeping a timeline helps show the pattern and the impact. This is key to showing the “pervasive” part of a hostile environment.

  • Tell the person to stop, if you feel safe. Use clear words like, “Do not call me that,” “Do not touch me,” or “This is not okay.” This can help show the behavior was unwelcome.

  • Report up the chain. Use your company’s policy. Send an email to HR or a manager you trust. Keep a copy. If your boss is the problem, report to HR or a higher leader.

  • Seek support. Talk with a friend, family member, union rep, or counselor. Support helps you plan your next steps.

  • Talk with an employment attorney. A lawyer can tell you about your options, deadlines, and how to protect your job and your privacy. Many offer free consultations. Learn more here. Also consider speaking with a sexual-harassment specialist to understand workplace and civil options: Learn more here

  • If you are in immediate danger, call 911. If you experienced sexual assault, you can contact RAINN (National Sexual Assault Hotline) at 800-656-HOPE for confidential support.

Work-from-home and digital harassment

Harassment does not stop at the office door. It can happen on:

  • Video calls: sexual comments about your room or body; making sexual jokes on camera; gestures.

  • Chat apps and texts: sexual memes, DMs, or pressure to share photos.

  • Email: sexual stories, gossip, or rumors sent to you or about you.

  • Social media: tagging you in sexual posts; posting rumors.

These acts still count. They can be part of the hostile environment claim. Save the messages. Take screenshots and note the date and time. This evidence can be powerful. For guidance on coworker sexual harassment and how to report digital conduct, see: Learn more here

Customers, vendors, and third parties

Your employer has a duty to act if a customer, vendor, or other third party harasses you. You should not have to “just deal with it” because the person brings in revenue. Report it and ask for a plan that keeps you safe. This can include changing assignments or putting limits on contact with that person. Retaliation for reporting a customer’s conduct is also illegal.

Why early action matters

The continuum of harm model shows that harassment can start small and grow if no one stops it. Calling out “jokes,” setting clear rules, and holding people accountable early can prevent more serious harm. This is why leaders and coworkers must take all reports seriously. (Source: Learn more here; Source: View resource; Source: View resource)

Managers: your role

If you supervise people, act fast and fairly:

  • Listen without blame. Thank the person for coming forward.

  • Document the report and start an impartial review.

  • Keep information private, sharing only with those who need to know.

  • Stop the behavior. This may mean separating people or changing schedules while you investigate.

  • Do not retaliate. Do not allow others to retaliate.

  • Train your team on what the continuum of harm looks like. Use clear examples so people know how to stop it early. Learn more here (also useful for building training and prevention programs)

Common myths vs. facts

Myth: “It’s just a joke. No harm done.”
Fact: Sexist jokes and innuendo are part of the continuum of harm. They can make a workplace hostile and can escalate to worse behavior. (Source: Learn more here)

Myth: “If it happened only once, it doesn’t count.”
Fact: One severe incident—like groping—can be enough. Repeated “smaller” acts can also be illegal when they add up. (Source on severe touching: View resource; Source on the continuum and escalation: View resource)

Myth: “I laughed along, so I can’t complain.”
Fact: People sometimes laugh to get through the moment. Harassment is still harassment if it is unwelcome and affects your work.

Myth: “Only women can be harassed.”
Fact: Anyone can be harassed. Harassers and targets can be of any gender or sexual orientation.

Myth: “If the person is not my boss, it’s not illegal.”
Fact: Co-workers, customers, and others can harass you. The company still must act to stop it.

How to describe what happened when you report

Use plain, direct language:

  • What happened: “My supervisor called me ‘babe’ and made kissing noises.”

  • When and where: “This happened on March 10 in the break room at 3:15 p.m.”

  • Who saw it: “Alice and Jordan were there.”

  • How it affected you: “I felt scared and could not finish my shift.”

  • What you want: “I want this to stop and to feel safe at work.”

This helps HR and any investigator understand the facts and the impact. For step-by-step guidance on reporting and documenting a hostile work environment, see: Learn more here

Your rights include protection from retaliation

  • Report harassment to your employer.

  • Seek changes to stay safe at work.

  • Ask for an investigation.

  • Be free from retaliation for reporting or taking part in an investigation.

  • File a charge with a civil rights agency, like the EEOC or a state agency.

  • Talk to a lawyer at any time.

Deadlines matter. Many claims require quick action—sometimes within 180 or 300 days for federal claims, and even shorter for some state claims. A lawyer can explain which deadlines apply in your state.

How a lawyer can help you

A qualified employment attorney can:

  • Listen and explain your options.

  • Help you write a strong complaint to HR.

  • Protect you from retaliation.

  • Gather evidence and witness statements.

  • Negotiate with your employer.

  • File with the EEOC or a state agency.

  • File a lawsuit if needed.

Many lawyers offer free consultations. Some take cases on a contingency fee, which means you do not pay unless they recover money for you. Your lawyer can also help you seek remedies like back pay, front pay, damages for emotional distress, policy changes, training, and more. If you want to learn how to pursue legal action, including EEOC and litigation steps for sexual harassment, see this practical guide: Learn more here

Checklist: Is this behavior sexual harassment on the continuum of harm?

Ask yourself:

  • Is the behavior sexual in nature or tied to my gender or sexuality?

  • Is it unwelcome?

  • Is it repeated, severe, or both?

  • Does it make work feel hostile, humiliating, or scary?

  • Is someone in power tying work benefits or threats to sex or dating?

  • Is this part of a pattern of jokes, innuendo, touching, or pressure?

If you said yes to any of these, it likely falls on the continuum of harm and may be illegal sexual harassment. (Source on the continuum and scope: Learn more here; Source: View resource; Source: View resource; Source listing unwanted sexual behaviors: View resource)

Bystanders: how to help safely

If you see harassment:

  • Support the target: “I saw what happened. That wasn’t okay. How can I help?”

  • Interrupt the behavior if it’s safe: “Let’s keep it professional.”

  • Report what you saw to HR or a manager.

  • Offer to be a witness.

Strong bystander action can stop escalation on the continuum of harm. (Source on early intervention preventing escalation: Learn more here; Source: View resource)

FAQ

Does it matter if the person says they were “just joking”?

No. What matters is the effect on you and your work. Sexual jokes and innuendo can create a hostile environment and are part of the continuum of harm. (Source: Learn more here)

Do I have to say “no” out loud for it to count?

Clear boundaries help, but you do not have to use magic words. If the conduct is unwelcome and affects your work, it can still be harassment.

What if the harassment happens outside of regular work hours or off-site?

If it is connected to work—like at work events, business trips, client dinners, or in work chats—it still counts.

What if the behavior happens online?

Digital harassment counts. Save screenshots and report it.

Can I be punished for reporting?

Retaliation is illegal. If your employer punishes you for reporting or taking part in an investigation, you have rights.

Summary of behaviors that would be considered sexual harassment on the continuum of harm

Below is a concise list you can use to check your situation. These are examples the research and guidance identify as part of the continuum of harm. Each item includes the source so you or an editor can link to it:

Physical behaviors:

  • Sexual touching, pinching, groping, butt slapping, unwelcome kissing, or touching of breasts/genital area. These are direct, non-consensual actions. (Source: View resource; Source: View resource)

  • Massaging shoulders or lingering physical contact if unwelcome and repeated. (Source: View resource)

Verbal behaviors:

  • Sexual innuendos or jokes based on gender or sexuality, especially if repeated. (Source: Learn more here; Source: View resource)

  • Calling adults unprofessional pet names, like “honey,” “babe,” or “stud.” (Source: View resource)

  • Repeated sexual comments on someone’s appearance, physique, or clothing. (Source: View resource)

  • Asking about sexual history, preferences, or fantasies. (Source: View resource)

  • Pressure or repeated requests for dates. (Source: View resource)

  • Discussing sexual topics or telling sexual stories/jokes at work. (Source: View resource)

  • Spreading rumors about someone’s sex life or preferences. (Source: View resource)

  • Making sexually charged noises like whistling, kissing sounds, or howling. (Source: View resource)

Power-imbalance and quid pro quo:

  • Suggestions, threats, or promises of preferential treatment (promotion, raise, better schedule, investment) in exchange for sexual favors. (Source: View resource)

  • Implied or overt threat of penalties if sexual advances are rejected. (Source: Learn more here; Source: View resource)

Other subtle but harmful actions:

Important context from the continuum of harm approach:

  • These behaviors may start subtle and escalate to more explicit forms. They all contribute to a harmful environment that raises risk for sexual assault if ignored. (Source: Learn more here; Source: View resource; Source: View resource)

  • Any one of these behaviors—if repeated, unwelcome, or creating an intimidating environment—falls within the scope of sexual harassment as recognized by legal, military, and workplace standards. (Source: Learn more here; Source: View resource; Source: View resource; Source: View resource; Source: View resource)

What to do next if you think you are facing sexual harassment

  • Trust your judgment. If it feels wrong and it is sexual or gender-based, it likely is.

  • Document everything. Write down names, dates, places, and what was said or done.

  • Save evidence. Keep texts, emails, DMs, photos, or notes.

  • Report internally if you can do so safely. Follow company policy and keep copies of your complaint.

  • Seek medical or mental health care if you need it. Your health matters.

  • Talk to an experienced employment lawyer early. They can guide your steps, protect your job, and file on time.

Special note if you experienced sexual assault

If the harassment crossed into sexual assault, you are not alone. You can get confidential support 24/7 at RAINN’s National Sexual Assault Hotline (800-656-HOPE). You may choose to report to police. You may also have civil legal claims for damages. An employment attorney can help with the workplace part of your case. The continuum of harm research shows that hostile cultures can raise the risk of assault, which is why your report is important for you and for others at work. (Source on the link between harassment culture and increased risk of assault: Learn more here; Source: View resource)

How employers can build a safe culture

  • Create a clear, easy-to-use policy that defines sexual harassment across the continuum of harm.

  • Train all staff with real examples (verbal, physical, digital, and quid pro quo).

  • Encourage early reporting and protect confidentiality.

  • Investigate quickly and fairly.

  • Hold violators accountable.

  • Track patterns in teams or locations and address root causes.

  • Support targets with safety plans and accommodations.

These steps help stop harm early, before it escalates. (Source on early intervention along the continuum: View resource; Source: Learn more here)

When to call an employment attorney right away

  • You were touched, groped, or assaulted. (Source recognizing these as harassment: View resource)

  • Your boss tied a raise, promotion, or benefit to sex or dating. (Source: View resource)

  • You were threatened with punishment if you refused sexual advances. (Source: Learn more here)

  • HR is not acting or is minimizing your report.

  • You are being retaliated against for reporting.

  • You are on leave or out of work because of the harm.

  • You want to explore a settlement or lawsuit.

An attorney can protect your rights and help you plan the best path for your goals—whether that is stopping the behavior, changing teams, or seeking compensation. If you want detailed steps for suing or filing claims related to sexual harassment, see: Learn more here

Key takeaways

  • The question “which of the following behaviors would be considered sexual harassment on the continuum of harm” has a clear answer: many behaviors can qualify if they are unwelcome and make work feel hostile, or if they involve pressure or threats tied to sex or dating. (Source on scope: Learn more here; Source: View resource)

  • Sexual harassment exists on a continuum, from subtle words to physical assault. It can escalate if not stopped. (Source: View resource; Source: View resource)

  • Examples include sexual touching or groping, repeated sexual comments, sexual pet names, innuendo, sexual noises, rumors about sex life, shoulder rubs that are unwelcome, pressure for dates, quid pro quo threats or promises, and sexist jokes or cyberbullying. (Source list: View resource; Learn more here; View resource; View resource)

  • You have the right to report, to be free from retaliation, and to seek legal help. Acting early can stop escalation.

Sources cited in this guide

Note: This article is for general information. It is not legal advice. Laws can vary by state and by the facts of your case. To get advice for your situation, speak with a licensed employment attorney.

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From confusion to clarity — we’re here to guide you, support you, and fight for your rights. Get clear answers, fast action, and real support when you need it most.

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