Does flirting and bantering between co-workers constitute sexual harassment?

It is hard to state a hard-and-fast rule. When friendly and mild bantering or horseplay between the sexes crosses the line and becomes sexual harassment is the type of thing courts exist to decide.The fact that an employee participates in or tolerates or laughs off mild sexual innuendoes or lewd remarks (perhaps to fit in with the crowd) does not mean that the employee welcomed the conduct. Employees later can complain of sexual harassment even if they did join in if they did not invite the remarks. However, should matters get out of hand, even employees who encouraged or started the off-color remarks with coworkers may have cause to complain. It is a question of fact.

The same can be said of flirting. What can be flattering or complimentary to one person can be offensive, objectionable, and frightening to another. One person may regard flirting or mild horseplay as innocent fun, and it may not be viewed as objectionable at the time of the behavior, but someone else may see it as aggressive, insulting, and demeaning, or down the road it may be regarded as part of a pattern of a hostile environment.

(Reviewed 9-08)

Case Studies: Flirting and Bantering in the Workplace

Case Study 1: The Grey Area

We explore a situation where friendly bantering between co-workers crosses the line and becomes a potential case of sexual harassment. Sarah and John, colleagues at a marketing firm, engage in playful teasing and flirtatious banter during office hours.

While Sarah finds it harmless and enjoyable, John starts feeling uncomfortable and objectified. Over time, the comments become increasingly explicit, causing John significant distress. Eventually, he decides to report the situation to the HR department, claiming sexual harassment.

Case Study 2: The Inconsistent Perception

We examine the subjective nature of flirting in the workplace. Emily and Alex, colleagues at a technology company, frequently engage in light-hearted flirting. Emily considers it harmless and sees it as part of their friendly dynamic. However, Alex starts feeling uneasy and demeaned by the continuous flirtatious behavior.

As time passes, the flirting escalates, and Alex begins to perceive it as part of a pattern of a hostile work environment. Eventually, Alex confronts Emily about the issue, leading to a dispute that requires intervention from their supervisor.

Case Study 3: The Role Reversal

We explore a scenario where the lines between flirtation and harassment blur. Sarah and James, co-workers at a financial institution, engage in mutual flirtation and playful banter. Both parties participate willingly, with the understanding that it is consensual and harmless.

However, as time progresses, James starts feeling uncomfortable with the flirtatious behavior, believing it is affecting their professional relationship. James decides to address the issue with Sarah, expressing his concerns and requesting a more professional work environment.