Setting The Record Straight On (Sexual) Harassment

People are confused!

From Uber to a well-known jewelry chain, ad agencies and TV hosts, from Harvey Weinstein to restaurant employees, I hear more and more that there is confusion about what actually constitutes sexual harassment or racial harassment or age-based harassment, etc.—let's call it unlawful harassment.

Recently, the spouse of one of my partners expressed true concern that he could have been sexually harassing his wife in violation of workplace anti-harassment laws. (She, who reads this blog, explained that the advances had to be unwelcome and arising from the context of the workplace to constitute unlawful workplace harassment.)

When we talk about sexual harassment based upon any protected class, here, as opposed to a school setting, we are talking about behavior that occurs in the workplace and that implicates Title VII of the Civil Rights Act of 1964 ("Title VII").