Understanding the Difference Between Sexual Misconduct, Sexual Harassment, and Sexual Assault

 Posted on December 28, 2025 in Sexual Harassment

The "Me Too" movement was a serious effort to end workplace sexual harassment, particularly against women. Allegations against high-profile individuals in the media and other high-exposure, high-power positions were made by alleged victims. Powerful men were accused and some even spent real time behind bars.

In the years since, many more women who had silently endured sexual harassment have come forward to report the behavior. Yet even in 2026, there remains a great deal of confusion about terms like sexual harassment, sexual misconduct, and sexual assault.

What exactly is sexual harassment? What is the difference between sexual harassment, misconduct, and assault? When can you take legal action for behavior that makes you uncomfortable at work? 

Our Illinois sexual harassment lawyers are experienced and fearless. If someone is bothering you at work and you want it to stop, call Mirabella, Kincaid, Frederick & Mirabella, LLC today.

What Is Sexual Harassment?

Sexual harassment is a term that people often misuse. Many people think this phrase means any unwanted sexual attention. While that can be part of sexual harassment, the legal definition is much more specific.

From a legal standpoint, sexual harassment exists in the workplace or similar settings like schools. A stranger on the street making inappropriate comments is offensive, but it is not unlawful sexual harassment.

Title VII of the Civil Rights Act of 1964 led to the current laws about sexual harassment. This law prohibits employment discrimination based on sex, race, color, national origin, or religion. Workplace sexual harassment is considered a type of sex discrimination.

The law recognizes only two types of sexual harassment.

Quid Pro Quo

Quid pro quo sexual harassment happens when someone in authority demands sexual favors from a subordinate in exchange for keeping their job, getting a promotion, or receiving other workplace benefits.

Hostile Work Environment

Hostile work environment sexual harassment occurs when a coworker's behavior is so offensive or intimidating that a reasonable person could not do their job. This might include: 

• Suggestive comments

• Sexual jokes

• Unwanted touching

• Showing pornographic material at work

Minor isolated incidents usually do not qualify as sexual harassment. For harassment to be actionable under the law, the behavior must be severe or pervasive enough to change the conditions of the victim's employment and create an abusive work environment.

What Is Sexual Assault?

Sexual assault is a criminal act. The Department of Justice defines sexual assault as "any nonconsensual sexual act proscribed by federal, tribal, or state law, including when the victim lacks capacity to consent." Both men and women can be victims of sexual assault and rape.

Unlike sexual harassment, sexual assault is not limited to the workplace. It can happen anywhere and involves physical contact. Sexual assault is a crime that can result in criminal charges and prison time for the offender.

What Is Sexual Misconduct?

Sexual misconduct has no precise legal definition. People use this phrase loosely to describe unwanted or inappropriate sexual attention. Some companies and organizations create their own sexual misconduct policies. These policies can be broader than federal or state laws and may prohibit behavior that would not otherwise be illegal.

Sexual misconduct might include inappropriate comments, unwelcome flirting, or other behavior that makes someone uncomfortable. While you may not be able to file a lawsuit based on sexual misconduct alone, you should report violations of company policy to human resources.

What Should You Do If You Experience Sexual Harassment at Work?

If you experience sexual harassment, you should document everything. Write down what happened, when it happened, where it happened, and who was involved. Save any text messages, emails, or other evidence. If there were witnesses, write down their names.

Report the harassment to your employer through the proper channels. Most companies have policies that require you to report harassment to human resources or a supervisor. Following your company's reporting procedures is important because it puts your employer on notice and creates a record of your complaint. Regardless of the company’s specific process, it is always best to make the complaint in writing via e-mail, so that there is a documented written record of your complaint.  

How Long Do You Have to File a Sexual Harassment Claim?

Time limits apply to sexual harassment claims. Under federal law, you must file a charge with the Equal Employment Opportunity Commission within 300 days of the harassment if your state has its own enforcement agency. Illinois does have such an agency. Under the Illinois Human Rights Act, you generally now have two years to file a charge with the Illinois Department of Human Rights.

These deadlines are strict. If you miss the filing deadline, you may lose your right to pursue a claim. This is why it is important to speak with an attorney promptly after experiencing harassment.

Can Your Employer Retaliate Against You for Reporting Harassment?

Both federal and state laws protect employees from retaliation. Your employer cannot fire you, demote you, cut your hours, or take other negative actions against you for reporting sexual harassment or participating in an investigation. If your employer retaliates against you for making a complaint, you may have a separate legal claim for retaliation.

What Compensation Can You Recover in a Sexual Harassment Case?

Victims of sexual harassment may be entitled to several types of compensation. The amount you can recover depends on the facts of your case and the size of your employer.

• You may recover back pay if you lost wages because of the harassment or retaliation.

• You may also recover front pay (future lost wages) if you cannot return to your job or another.

• Compensation for emotional distress, mental anguish, and damage to your reputation may also be available.

• In some cases, courts award punitive damages to punish employers who acted with malice or reckless indifference to your rights.

• You may also recover attorney fees and court costs.

Call a Wheaton, IL Sexual Harassment Attorney Today

If you have been a victim of sexual harassment, you need a lawyer who will guide you through the process of getting justice. The DuPage County sexual harassment lawyers at Mirabella, Kincaid, Frederick & Mirabella, LLC can review your situation and help you understand your options. Call 630-665-7300 today to schedule an initial meeting with an attorney at MKFM.