The line at which harassment crosses from unwanted to illegal behavior varies depending on the type of harassment and the state jurisdiction. These factors will also determine whether the victim should file a harassment charge with the police or a lawsuit with the court if the perpetrator doesn’t stop.

Verbal, Physical, and Sexual Harassment

In general, harassment is defined as repeated and unwanted behavior that is unreasonably insulting, demeaning, or threatening to the victim. It may be spoken, written, or physical, and include unauthorized disclosures and offensive images.

When the harassment is made based on someone’s sex, sexual preferences, or gender identity, it may be considered illegal under the federal Equality Act.

Workplace Harassment

Harassment and discrimination in the workplace are unlawful when an employee suffers it as a condition of employment or when there is an intimidating, hostile, or abusive work environment.^[1]

Stalking

The definition of illegal stalking under federal law is when a perpetrator travels OR uses mail or electronic communications with intent to harm, harass, intimidate, or surveil another person and^[2]:

• Causing that person reasonable fear of death or injury to themselves, a member of their household, or pet
• OR causing substantial emotional distress

Cyber Harassment

Cyber harassment, which includes cyber-bullying and cyber-stalking, becomes illegal where it qualifies as harassment under state and federal laws (described above). Some states have statutes specifically targeting online harassment.