The program empowers survivors and boosts public awareness on ending sexual assault. If there has not been a tangible employment action then you can only prevail by showing that the company was negligent in allowing the harassment to occur. You may want to talk to your supervisor or other resources within your department to see what you can do. In this case, employers have two defenses available to them; first, they can argue that they have exercised reasonable care to prevent or correct any harassing behavior, and second, the company can allege that the plaintiff unreasonably failed to take advantage of the preventive or corrective opportunities that the employer provided. However, regardless of the company's potential legal liability, most employers do not want this kind of conduct occurring in the workplace, because of its effect on morale, productivity and in maintaining a professional atmosphere, so you should consider reporting the conduct according to the company's harassment policy. The employer may effectively defend themselves by showing that they exercised reasonable care to prevent or correct any harassing behavior, or that you did not properly take advantage of the preventative or corrective opportunities the employer provided. Can I still file a lawsuit? In a situation where a supervisor is attempting to make submission to sexual activity a condition of your employment, conduct can be illegal in two cases; First if there is a tangible employment action , such as a termination, denial of promotion, demotion, transfer, disciplinary action, or other significant change in your employment status, than the is highly likely to be illegal. Whether this language causes a hostile environment depends on whether it can be considered severe or pervasive, so the answer would depend in part on how frequent and severe the use of graphic language is in your workplace. If there was no tangible employment action, then her conduct must have been severe or pervasive for it to be against the law. Direct communication, whether verbal or in writing, is better than ignoring the behavior and hoping it will go away, so if you do not feel comfortable talking to your supervisor in person, you may wish to prepare a letter to ensure that they know exactly how you feel. Consent isn't ingrained in cultural norms for healthy sexual relationships as it should be. One of my coworkers is complaining that this is a "hostile work environment. Even if the sexually suggestive language is not directed at you, if you are required to listen to it in your work environment, it may be considered hostile work environment harassment, and you could take all of the steps available to those who have harassing words directed specifically at them. In , California became the first state to mandate public school students to learn about consent, but many classrooms have yet to include the conversation about consent into their sex-ed programs. Also, if the transfer was not effective to stop the harassment the harasser harasses people in his or her new department or location , then unless they take further action, the likelihood of a negligence finding increases.