U.S. Merit Systems Protection Board

Office of Policy and Evaluation Research Brief

Update on Sexual Harassment in the Federal Workplace 

March 2018 

Introduction 

This research brief summarizes Federal employee perceptions of sexual harassment in the 

workplace, based on MSPB’s 2016 Merit Principles Survey (MPS) and previous MSPB surveys. 

Agencies have a responsibility to take steps to eliminate sexual harassment, because it is both 

illegal and harmful to employee productivity, satisfaction, and retention. 

Background 

In 1979, a subcommittee of the U.S. House of Representatives asked MSPB, which has the 

statutory responsibility to evaluate adherence to the Federal merit system principles and 

avoidance of prohibited personnel practices, to conduct a thorough and scientific study on the 

prevalence of sexual harassment among Federal employees. In March 1981, MSPB issued the 

report Sexual Harassment in the Federal Workplace: Is It a Problem? and published follow up reports in 

1988 and 1995. 

Although some stakeholders might have assumed that sexual harassment had decreased to the 

point that it no longer warranted focused leadership attention or further research, sexual 

harassment continues to be a problem for both Federal employees and Federal agencies. 

Therefore, in 2015, MSPB included an update on sexual harassment in its Research Agenda for 

2015-2018. 

Research Approach 

When MSPB conducted its first study of sexual harassment in 1981, there was little published 

research or data available. Accordingly, MSPB staff conducted independent research and 

consulted with experts to craft a detailed survey to measure Federal employees’ views of and 

experiences with sexual harassment. That survey has provided baseline data and served as a 

model for subsequent research into sexual harassment. 

To permit comparison over time, the MPS 2016 repeated numerous items from the preceding 

surveys (with revision to reflect new possibilities such as harassment though text messaging or 

social media). The survey also included new items to reflect a contemporary understanding of 

sexual harassment. 

What is Sexual Harassment? 

From a legal perspective, the U.S. Equal Employment Opportunity Commission notes that 

sexual harassment is a type of discrimination based on sex and therefore, a violation of Title VII 

of the Civil Rights Act of 1964.1 Sexual harassment occurs when: (1) acceptance of the 

harassment is required (explicitly or implicitly) for continued employment; (2) acceptance or 

rejection of the harassment by an individual impacts his/her treatment by the harasser; or (3) the 

harassment unreasonably interferes with the individual’s work performance or creates an 

intimidating, hostile, or offensive working environment for the target of the harassment or other 

observers.2 Harassment may also include behaviors that are not overtly sexual in nature, but that 

reflect disparaging attitudes based on sex or gender. 

1 U.S. Equal Employment Opportunity Commission, https://www.eeoc.gov/eeoc/publications/fssex.cfm.

2 Paraphrased from 29 C.F.R. §1604.11.

Sexual harassment 

may involve 

sexual coercion or 

behaviors that 

create a hostile 

work environment,

such as 

unwanted sexual 

attention, as well 

as harassment 

based on sex or 

gender.
Update on Sexual Harassment in the Federal Workplace

U.S. Merit Systems Protection Board 2

MSPB’s 2016 survey covered a range of sexual harassment behaviors from an employee 

perspective, as displayed in Table 1. These behaviors are grouped into three broad categories—3 

• Gender Harassment: Unwelcome behaviors that disparage or objectify others based on

their sex or gender;

• Unwanted Sexual Attention: Unwelcome behaviors of a sexual nature that are directed

toward a person; and

• Sexual Coercion: Pressure or force to engage in sexual behavior.

Table 1. Types of Sexual Harassment Behaviors Included on 1994 and 2016 Surveys4

Gender Harassment

Unwelcome behaviors that disparage or objectify others based on their sex or gender

• Derogatory or unprofessional terms related to sex or gender

• Unwelcome sexual teasing, jokes, comments or questions*

• Exposure to sexually oriented material (e.g., photos, videos, written material)

• Exposure to sexually oriented conversations

Unwanted Sexual Attention

Unwelcome behaviors of a sexual nature that are directed toward a person

• Unwelcome invasion of personal space (e.g., touching, crowding, leaning over)*

• Unwelcome communications (e.g., emails, phone calls, notes, text messages, social media

contacts) of a sexual nature*

• Unwelcome sexually suggestive looks or gestures*

Sexual Coercion

Pressure or force to engage in sexual behavior

• Offer of preferential treatment in the workplace in exchange for sexual favors (quid pro quo)

• Pressure for sexual favors*

• Pressure for dates*

• Stalking (e.g., unwanted physical or electronic intrusion into your personal life)*

• Sexual assault or attempted sexual assault*

The behaviors listed above were intended to provide survey respondents with concrete examples 

of behaviors that are potentially indicative of sexual harassment; the list is neither exhaustive nor 

legally definitive.5

Understanding What Constitutes Sexual Harassment

On the MPS 2016, MSPB asked respondents to indicate whether they considered each of the 12 

behaviors (as listed in Table 1) to be sexual harassment. As shown in Table 2, for each behavior, 

the vast majority of employees agreed that these behaviors constituted sexual harassment. The 

behaviors with less consensus may be more likely to lead to workplace conflict, because one 

person may view the behavior as innocuous while others view it as sexual harassment. 

3 These categories are based on the results of a statistical technique called factor analysis, which groups 

similar items based on patterns of response.

4

Items followed by an asterisk (*) were included on both the 1994 and 2016 surveys.

5 The determination of whether a particular behavior constitutes sexual harassment within the meaning of 

antidiscrimination law (e.g., Title VII) depends upon the behavior’s circumstances and the context. 

Therefore, this list should not be construed as identifying behaviors that necessarily meet the legal criteria 

for sexual harassment or sex discrimination.
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Table 2. Percentage of Respondents Who Agree That the Behavior Is Sexual Harassment

Sexual Coercion Total Men Women

Pressure for sexual favors 96% 97% 96%

Offer of preferential treatment for sexual favors 96% 96% 96%

Stalking (unwanted intrusion into your personal life) 95% 95% 94%

Sexual assault or attempted sexual assault 95% 96% 94%

Pressure for dates 94% 94% 94%

Unwanted Sexual Attention Total Men Women

Unwelcome communications of a sexual nature 94% 94% 94%

Unwelcome sexually suggestive looks or gestures 92% 92% 93%

Unwelcome invasion of personal space 90% 90% 90%

Gender Harassment Total Men Women

Unwelcome sexual teasing, jokes, comments or questions 94% 94% 95%

Derogatory or unprofessional terms related to sex or 

gender

92% 92% 93%

Exposure to sexually oriented material 89% 89% 90%

Exposure to sexually oriented conversations 82% 83% 80%

Compared to 1994,6the overall rate of agreement was higher (more people considered each of the 

behaviors to be sexual harassment), and the differences between women and men decreased 

(largely because more men now agree that each behavior is sexual harassment). These changes 

indicate that most Federal employees, regardless of sex, now understand that certain behaviors are 

inappropriate in the workplace. Nevertheless, such understanding does not necessarily mean that 

all employees will refrain from inappropriate behavior, or recognize it in themselves.

Prevalence of Sexual Harassment

Approximately 1 in 7 Federal employees experienced one or more of the sexual harassment 

behaviors during the preceding 2 years, as illustrated in Figure 1. Women were more than twice 

as likely as men to experience sexual harassment.7

6 The comparable items on MSPB’s 1994 survey covered only six behaviors (i.e., unwelcome 

communications, invasion of personal space, looks or gestures, pressure for sexual favors, pressure for 

dates, and sexual teasing, jokes, comments or questions). The 1994 survey also distinguished between 

whether the respondent considered the behavior to be sexual harassment if done by a supervisor or a 

coworker. The MPS 2016 covered all 12 behaviors and did not distinguish between potential sources of the 

harassment. 

7 For brevity, we characterize an employee who responded that they experienced any listed behaviors as 

having “experienced harassment.” However, we note that the survey data reflect employees’ perceptions of 

their experiences, which may or may not meet the legal criteria for harassment. 

The vast majority

of men and women 

agree that these 

behaviors 

constitute sexual 

harassment.
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Figure 1. Employees Experiencing Sexual Harassment in the Previous 2 Years, 2016

In MSPB’s 1980, 1987, and 1994 surveys, the percentages of men and women who had 

experienced sexual harassment remained surprisingly stable, despite efforts to eliminate sexual 

harassment from Federal workplaces. MSPB attributed this, in part, to increases in employee 

awareness of what behaviors constitute sexual harassment outpacing improvements in employee 

conduct and workplace culture (such as universal understanding that sexual harassment is 

misconduct that should not be tolerated). In contrast, as shown in Table 3, the MPS 2016 results 

show that the percentage of Federal employees who experienced sexual harassment has decreased 

since 1994.

Table 3. Percentage of Employees Experiencing Sexual Harassment, 1994 and 2016

Year Measure of Sexual Harassment

Employees

Women Men

1994 Experienced any of 8 behaviors 44.3% 19.1%

2016 Experienced any of 8 behaviors 17.7% 5.5%

Experienced any of 12 behaviors 20.9% 8.7%

Notably, the percentage of employees who experienced any of 12 behaviors in 2016 was lower 

than the percentage of employees who experienced any of 8 behaviors (a subset of the 12) in 

1994.8 Nevertheless, approximately 1 out of 5 female Federal employees and approximately 1 out 

of 11 male Federal employees experienced any type of sexual harassment during the previous 2 

years.

The percentages shown in Figure 1 represent Government-wide averages. Averaging results 

across Federal agencies with different rates of sexual harassment can obscure substantial and 

important agency differences. Figure 2 displays the percentages of men and women within each 

Department or large agency who have experienced sexual harassment within the past two years 

compared to the Government-wide average of 20.9 percent of women and 8.7 percent of men. A 

review of these agency-level results reveals that organizations vary in terms of the likelihood that

women and/or men will experience harassment. 

8 All subsequent survey results to be discussed in this research brief will be based on all 12 sexual 

harassment behaviors that were covered on the MPS 2016.

Total

14.3%

Women

20.9%

Men

8.7%

Although sexual 

harassment of both 

men and women 

has decreased, 

women remain 

much more likely 

than men to 

experience 

harassment.
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Figure 2. Percentage of Employees Experiencing Sexual Harassment, by Agency

Table 4 demonstrates that women are more likely than men to experience every sexual 

harassment behavior included on the survey. In particular, the greatest disparity exists for 

behaviors that reflect unwanted sexual attention—behaviors such as unwelcome sexually 

suggestive looks or gestures; unwelcome invasion of personal space; and unwelcome 

communications of a sexual nature.

0% 5% 10% 15% 20% 25% 30%

Veterans Affairs

Treasury

Transportation

State

Social Security Administration

Securities and Exchange Commission

Office of Personnel Management

Navy

NASA

Labor

Justice

Interior

Housing and Urban Development

Homeland Security

General Services Administration

Federal Deposit Insurance Corporation

Environmental Protection Agency

Energy

Defense

Commerce

Army

Air Force

Agriculture

Government-wide Men

Women
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Table 4. Percentage of Employees Experiencing Sexual Harassment within the Previous 

Two Years, by Type of Behavior9

Behavior Total Women Men

Ratio

Women : Men

Any Type of Sexual Harassment 

Behavior

14.3% 20.9% 8.7% 2.4 : 1

Gender Harassment Total Women Men Ratio

Exposure to sexually oriented 

conversations

7.3% 9.5% 5.4% 1.8 : 1

Unwelcome sexual teasing, jokes, 

comments, or questions

5.9% 9.4% 2.9% 3.2 : 1

Derogatory or unprofessional terms 

related to sex or gender

5.0% 7.1% 3.0% 2.4 : 1

Exposure to sexually oriented material 2.8% 3.6% 2.0% 1.8 : 1

Unwanted Sexual Attention Total Women Men Ratio

Unwelcome invasion of personal 

space 

7.2% 12.3% 2.9% 4.3 : 1

Unwelcome sexually suggestive looks 

or gestures 

4.6% 8.5% 1.4% 6.0 : 1

Unwelcome communications of a 

sexual nature

3.2% 5.4% 1.5% 3.7 : 1

Sexual Coercion Total Women Men Ratio

Pressure for dates 1.7% 2.5% 0.8% 3.1 : 1

Stalking (intrusion into your personal 

life) 

1.7% 2.4% 1.1% 2.1 : 1

Offer of preferential treatment for 

sexual favors (quid pro quo)

1.1% 1.5% 0.7% 2.1 : 1

Pressure for sexual favors 0.9% 1.4% 0.6% 2.5 : 1

Sexual assault or attempted sexual 

assault

≤0.5% ≤0.5% ≤0.5% *

In addition, Table 4 shows that behaviors associated with a hostile work environment—both 

gender harassment and unwanted sexual attention—are more common than overt sexual coercion 

or assault. This may be due in part to the greater agreement among employees that sexual 

coercion is egregious sexual harassment and therefore, misconduct that is likely to be punished. 

Characteristics of Individuals Who Commit Sexual Harassment

Federal agencies are responsible for protecting all employees from sexual harassment, regardless 

of the source of the harassment. As stated in 29 CFR 1604.11(d), the agency can be held 

“responsible for acts of sexual harassment in the workplace where the employer (or its agents or 

supervisory employees) knows or should have known of the conduct, unless it can show that it 

took immediate and appropriate corrective action.” The agency may also be responsible for sexual 

harassment by “non-employees” (such as customers and contractors in the work space). 

9 The descriptions of the behaviors have been paraphrased from the survey. The reported incidence of 

sexual assault was too low to yield a usable ratio.
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Information about harassers can help employers identify risks, target training and education, and 

focus accountability. Accordingly, the MPS 2016 asked those employees who experienced sexual 

harassment to reflect on the one experience that had the greatest impact on them and to provide 

information about their harasser(s), including the role, number and sex. 

As shown in Table 5, Federal employees most frequently said that the perpetrator was another 

agency employee, often a coworker within the same work unit. However, immediate and higherlevel supervisors were also mentioned, which is not surprising given the influence that they can 

hold over an employee. Harassment by an employee in a position of authority may lead 

employees to believe that resisting or complaining would be futile or put the employee at risk for 

retaliation.

Table 5. Role of the Person Committing Sexual Harassment10

Category Role Percentage

Agency 

Official

Immediate supervisor 11%

Higher level supervisor 12%

Agency 

Employee

Coworker 45%

Subordinate 8%

Other employee 27%

Other

Customer/member of the public 15%

Contractor 5%

Personal relationship 3%

Criminal 1%

Other 9%

Overall, harassment by a single individual was most common, accounting for approximately 

three-fourths of the instances described, and the harasser was male in approximately two-thirds of 

the occurrences (see Figure 3). Harassment by a person or persons of the opposite sex from the 

person harassed was typical, although harassment by employees of the same sex or mixed groups 

also occurred.

Figure 3. Number and Sex of the Person(s) Committing Sexual Harassment

 

10 Respondents could indicate multiple harassers and roles. Therefore, totals can exceed 100 percent.

Coworkers and 

other agency 

employees are the 

most frequent 

perpetrators of 

sexual harassment, 

but supervisors 

and members of 

the public were 

also frequently 

mentioned.

One 

74%

Two or 

more

26%

Number

Men 

68%

Women

18%

Both

14%

Sex
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Actions Taken by Employees in Response to Sexual Harassment

Employees who experience sexual harassment must decide whether and how to respond, both 

when harassment occurs and after the harasser and/or organization have acted on the initial 

response. As shown in Figure 4, some common responses to sexual harassment include: 

1. An active response, such as telling the harasser to stop; reporting the behavior to the 

supervisor or other officials; threatening to tell or telling others; or filing a formal 

complaint; 

2. Avoidance, from avoiding the person in the workplace to changing jobs or locations; and 

3. Passive toleration, such as ignoring the behavior; making a joke of the behavior; or going 

along with the behavior.

Figure 4. Actions Taken by Employees in Response to Sexual Harassment11

Effects of Sexual Harassment on Employees and Organizations

In choosing among potential responses to sexual harassment, one of the most important factors 

may be the employee’s belief regarding the likely consequences of their actions. For each of the 

options listed above, employees who took each action in response to sexual harassment had 

mixed opinions regarding the outcomes. Some felt the action made their situation better; some 

felt it made things worse, while others said no change occurred. Further, only than 8 percent of 

the employees believed that corrective action was taken against the harasser(s). Thus, employees 

may conclude that the risks of reporting harassment outweigh any potential personal or 

organizational benefits, and decide not to use agency procedures for addressing sexual harassment 

and holding the harasser(s) accountable for their misconduct. 

As shown in Figure 5, some employees experienced other negative consequences of either the 

sexual harassment or the actions they took in response to it. Many of these consequences are 

costly not only to the employee, but also to the organization. Agencies that tolerate sexual 

harassment may incur broader costs beyond the more obvious legal expenses associated with 

resolving equal employment opportunity complaints. 

 

11 Respondents could indicate multiple actions taken. Therefore, totals can exceed 100 percent.

9%

10%

35%

12%

61%

11%

35%

36%

59%

0% 10% 20% 30% 40% 50% 60% 70%

Went along with the behavior

Made a joke of the behavior

Ignored the behavior or did nothing

Changed jobs or locations

Avoided the harasser(s)

Filed a formal complaint

Threatened to tell or told others

Reported the behavior to officials

Asked the harasser(s) to stop

Active Response

Toleration

Avoidance
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Figure 5. Perceived Consequences of Sexual Harassment or the Actions Taken by the 

Employee in Response to the Sexual Harassment

Our survey data also revealed that the effects of sexual harassment are not limited to those 

employees who directly experience it. For example, as shown in Figure 6, employees who 

experience sexual harassment are less likely to recommend their agency as a place to work, but 

those who frequently observe harassment are also substantially less likely to encourage others to 

pursue employment at their agency. 

Figure 6. Employees Who Would Recommend Their Agency as a Place to Work by 

Observation or Experience of Sexual Harassment

Similarly, Table 6 shows that employees who have experienced or observed sexual harassment 

are much less likely to be satisfied with various aspects of the workplace such as their supervisor, 

managers, their organizational culture, and their level of job stress. Not surprisingly, such 

employees are also less inspired to do their best work. Considering that approximately 14 percent

of Federal employees experienced sexual harassment within the past two years, and an additional 

13 percent observed it (without personally experiencing it), it is clear that addressing sexual 

harassment has great potential to improve not only fairness, but also the efficiency and 

effectiveness of the Federal workforce.

5%

6%

13%

17%

17%

22%

0% 5% 10% 15% 20% 25%

Reassigned or transferred against my

wishes

Transferred or quit

Denied a promotion, pay increase, good

performance rating, or good reference

Used sick leave

Used annual leave

Productivity was reduced

46%

56%

51%

66%

69%

0% 20% 40% 60% 80% 100%

Experienced More than Once

Experienced Once

Observed More than Once

Observed Once

No Sexual Harassment

Observed or Experienced
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Table 6. Effects of Observing or Experiencing Sexual Harassment on Employees

Survey Item

(percentage satisfied/agreeing)

Sexual Harassment

None

Observed Experienced

Once

More 

than 

Once Once

More 

than 

Once

Satisfied with supervisor 77% 69% 61% 62% 59%

Satisfied with managers 60% 52% 45% 44% 40%

Satisfied with organizational culture 58% 43% 38% 44% 34%

Satisfied with level of work stress 55% 50% 39% 46% 36%

Inspired to do my best work 71% 60% 51% 63% 52%

Conclusion

Progress has been made since 1994 in reducing sexual harassment within the Federal 

Government. However, it is also clear that many employees, particularly women, continue to 

experience sexual harassment. Therefore, Federal agencies must improve their education of 

employees about their responsibilities and rights regarding workplace conduct and hold 

employees who commit sexual harassment accountable for their misconduct.