Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, and national origin in all workplaces at the federal, state, and local levels that have 15 or more employers.
First Amendment (protected vs. obscene speech) Miller V. California (1973)
Sexual harassment can be difficult to limit in scope because there are many behaviors that may be considered unwelcome conduct of a sexual nature. In fact, it does not have to sexually explicit, but it also encompasses comments or gestures offensive to a particular gender. Such examples range from non-verbal harassment to conduct of a physical nature. However, it is important to note that sexual harassment takes on many different forms. It is possible that the harasser is a position of power, but they could also be a co-worker or customer. Additionally, the gender of the victim or the harasser are not limited to the traditional expectations.
Reporting sexual harassment may be a very emotional and scary process; however, prohibited retaliation exists to prevent the victim from suffering unfair consequences because of making a sexual harassment report.