Can you go to jail for verbally sexually harassing someone?

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Question:

I run a small business, and I’ve been accused of making sexually harassing comments to one of my employees. Say for the sake of argument that I did make some comments that were meant to be funny or flirtatious but coulde be taken the wrong way; could I go to jail for that?

Answer: (1)

As a general matter, purely verbal harassment is not a crime. Usually, it requires physical contact, force, or threat for harassment to become a crime.

However, a state could have laws criminalizing your behavior, depending on the circumstances. Your exact remarks, and the fact that you wield power as the employee’s boss, could be taken to constitute a threat. Repeated verbal harassment could rise to the level of stalking, which is a crime. Some states also have laws that criminalize repeated electronic contacts intended to annoy or harass the recipient.

If you believe that someone may attempt to press charges against you, you should consult an attorney who has experience with similar matters. Also, don’t forget about civil liability—sexual harassment is a form of illegal sex discrimination under federal law (Title VII of the Civil Rights Act) and state law. As an employer, you could face substantial financial liability for sexual harassment of an employee.

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