Some of the most damaging things people say in the workplace do not appear in writing. Often, there is no email to print or memo to forward—just an inappropriate term or line that slips into the conversation. These moments may seem minor. But if they are unwelcome, persistent, and tied to your gender or sexuality, they may not just be offensive—they may be verbal sexual harassment, which is illegal in Arizona.
Verbal sexual harassment chips away at employees’ confidence, safety, and dignity. This kind of harassment also violates workplace protections regarding sex and gender. The attorneys at Shields Petitti & Zoldan, PLC have built their reputations on standing up for Phoenix workers who have endured harassment. If you suspect you are experiencing more than just “talk,” we are prepared to help you confront it with clarity, strategy, and strength.
What Is Verbal Sexual Harassment?
Verbal sexual harassment is any unwelcome, sex-based speech or conduct that creates a hostile or offensive work environment. It is not limited to crude remarks or overt propositions. It can also include subtle patterns of inappropriate comments, innuendo, and even persistent “teasing” that crosses personal boundaries.
According to the U.S. Equal Employment Opportunity Commission (EEOC), harassment is unlawful when either:
- Enduring it becomes a condition of continued employment; or
- It is severe or pervasive enough to create a work environment that a reasonable person would find intimidating, hostile, or abusive.
Arizona law mirrors this framework. Under the Arizona Civil Rights Act, it is illegal for an employer to discriminate against an employee because of sex, which includes gender-based harassment and verbal misconduct.
Common Examples of Verbal Sexual Harassment in the Workplace
Not all inappropriate speech qualifies as verbal sexual harassment under the law. However, if the behavior is persistent, severe, and tied to your sex or gender identity, it may rise to the level of unlawful conduct. Consider these key examples:
- Sexually suggestive comments—unwelcome or lewd remarks about an employee’s body, attire, or sexual history, even if presented as “compliments”;
- Unwanted romantic advances—persistently asking a coworker on dates after they have said no, especially when there is a power imbalance involved;
- Sexual jokes or innuendos—telling stories, using metaphors, or making “jokes” that involve explicit or implied sexual content, even if not directed at a specific person;
- Gender-based insults or stereotypes—mocking someone’s appearance, behavior, or performance based on their gender identity or perceived gender roles;
- Repeated nicknames or labels—calling someone “sweetheart” or “babe” or using other inappropriate terms despite their objections; and
- Comments about sexuality—speculating about or discussing someone’s sexual orientation, dating life, or preferences in a way that is demeaning or intrusive.
These behaviors may occur privately or in group settings. Sometimes, they may be overt or disguised as humor. But when they interfere with your ability to do your job, that is not just inappropriate—it may be illegal.
How Do I Know If I Have a Verbal Sexual Harassment Claim?
You may have a viable verbal sexual harassment claim if you faced unwelcome conduct based on sex or gender in the workplace and:
- It happened repeatedly or was a single, particularly egregious event;
- It altered your work environment, made you feel unsafe, or forced you to avoid certain people or spaces;
- You reported it to a supervisor or HR, and they did nothing (or worse, your employer retaliated against you); or
- The harasser held a position of authority, such as a manager or supervisor.
Documenting each incident can be crucial. After each encounter, write down what the harasser said, when it happened, where you were, how it made you feel, and any witnesses. Keep copies of harassment that occurs in other forms—inappropriate emails, notes, or pictures—and of any communication you have with HR or a supervisor about it. This paper trail can become powerful evidence in the hands of the right attorney.
Ready to Take the First Step?
If you are unsure whether what you are experiencing qualifies as verbal sexual harassment, you do not have to figure this out by yourself. At Shields Petitti & Zoldan, PLC, we do not back down from a challenge. With nearly five decades of combined experience in Arizona law, trial-tested strategies, and a reputation that commands respect even from our adversaries, we are uniquely equipped to advocate for those harmed by unlawful workplace behavior. No case is too big or small.
We treat every client with the seriousness and dignity they deserve. With five-star reviews, millions recovered in verdicts, and a proven history of excellence—including honors like Super Lawyers, Best Law Firm, and AV-Preeminent ratings—we are more than just legal counsel. We are your advocates, advisors, and, when necessary, your fiercest courtroom allies. Contact us today for a confidential consultation.
Attorney Michael Zoldan provides legal counsel to individuals and small businesses throughout Arizona. Mr. Zoldan’s practice is based on aggressive and detail-oriented representation, focusing on employment discrimination, wage and hour disputes, harassment, and wrongful termination. Prior to forming Shields Petitti & Zoldan, Mr. Zoldan worked for numerous law firms where he had an opportunity to hone his litigation skills by working on multiple litigation cases at a time with some of the most skilled litigators in the state.
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