What is a key characteristic of sexual harassment that makes it unlawful?

The key characteristic of sexual harassment that makes it unlawful is that it is based on gender. This fundamental aspect highlights that sexual harassment occurs when an individual is treated unfavorably because of their gender, which can manifest in various forms, including unwanted advances, derogatory comments, or other behaviors that create a hostile environment. The legality of such behavior stems from the violation of Title VII of the Civil Rights Act, which prohibits discrimination based on sex as well as other protected characteristics.

Recognizing that sexual harassment is specifically tied to gender is crucial as it underpins the enforcement of anti-harassment policies and protections. This connection to gender differentiates sexual harassment from other forms of harassment that may not necessarily be linked to discriminatory practices based on sex. Understanding this concept helps individuals identify unlawful behavior more clearly and contributes to creating a safer, more respectful environment in the workplace.