Can light sexual jokes or banter from colleagues legally qualify as 'sexual harassment in the workplace'? Many people mistakenly believe that harassment only occurs between a superior and a subordinate, or only between opposite sexes. However, according to the Equal Employment Opportunity Law, even if the perpetrator is not in a superior position to the victim, and even if it occurs between the same sexes, if it causes sexual humiliation, it can be considered harassment.

This article clearly organizes the definition of sexual harassment in the workplace according to the Equal Employment Opportunity Law, the critical differences between workplace bullying and sexual harassment, and whether same-sex harassment is valid through actual review cases. Please check the legal risks that may arise in a public space such as a company in advance.

[Table of Contents]

1. Legal definition: What is 'sexual harassment in the workplace' according to the Equal Employment Opportunity Law?

2. Key differences: Workplace bullying vs. sexual harassment (superior position)

3. Actual case: Is mentioning a same-sex person or a third party (girlfriend) also harassment?

4. Lawyer's advice: Conversation guidelines for a safe workplace

   
   

1. Legal definition: What is 'sexual harassment in the workplace' according to the Equal Employment Opportunity Law?

If a colleague's sexual jokes during work make you uncomfortable, it can go beyond a simple joke and become a legal issue.

The Equal Employment Opportunity Law clearly defines workplace sexual harassment as follows: It refers to a situation where an employer, superior, or employee uses their position in the workplace or related work to make other employees feel sexual humiliation or disgust through sexual remarks or actions, or to disadvantage them for not complying.

In other words, it's possible for sexual harassment to be established if the other party feels sexual humiliation solely through words (remarks), even without any physical contact.

2. Key differences: Workplace bullying vs. sexual harassment

Many workers confuse 'workplace bullying (Labor Standards Act)' with 'sexual harassment in the workplace,' but the biggest difference between the two is whether there is a superior position.

• Workplace bullying: The perpetrator must be in a superior position to the victim for it to be established.

• Sexual harassment: It can be established even if the perpetrator is not in a superior position to the victim.

Therefore, sexual harassment can occur not only between superiors and subordinates but also among colleagues, and if a subordinate's remarks to a superior cause sexual disgust, it can be established as workplace sexual harassment. It should be noted that anyone can be a perpetrator, regardless of rank.

3. Actual case: Is mentioning a same-sex person or a third party (girlfriend) also harassment?

The thought "What does it matter if it's between the same sex?" is a very dangerous misunderstanding. Sexual harassment in the workplace is not limited to opposite sexes and can certainly occur between same-sex individuals.

[Actual review case from law firm Cheongchul] In the past, there was a case reviewed by our firm where a male employee made sexual remarks about a colleague's girlfriend to another male colleague.

• Situation: A male employee made sexual jokes about his colleague's girlfriend to another male colleague.

• Issue: Is it harassment if the girlfriend was not present?

• Result: It was recognized that the harassment was not towards the girlfriend but rather towards the male colleague (victim) who heard the remarks.

  
  

  Even if the target is not a direct one, or if it is a conversation between the same sex, if the listener feels sexual discomfort, legal responsibility can arise.

  
  

4. Lawyer's advice: Conversation guidelines for a safe workplace

Private remarks in the workplace, especially those with sexual nuances, should only occur within a mutually agreed natural range. However, that 'range' can only be subjective.

The law firm Cheongchul advises as follows from a lawyer's perspective.

"In a public space like a company, it's safest not to discuss sexual topics at all."

Workplace sexual harassment cases are judged based on various factors, including the level of the remarks, context, and the feelings of the victim. If you are unjustly identified as a perpetrator or are suffering due to workplace sexual harassment, it is crucial to seek an accurate diagnosis from an expert from the early stages of the case.

The law firm Cheongchul provides systematic legal solutions tailored to the client's situation. If you need help, please feel free to contact us.

This article is intended to provide legal information, and specific legal judgments may vary depending on the case.