While you may have heard the terms “sexual harassment” and “gender discrimination” used interchangeably, these two behaviors, in fact, fall under separate legal definitions. Knowing what each term encompasses helps you determine the best course of action if you become an unfortunate victim of either scenario.

Sexual Harassment: A Brief Guide

Sexual harassment is an umbrella term for a variety of acts of a sexual nature that cause another person discomfort or harm. According to the U.S. Equal Employment Opportunity Commission, unwelcome advances or remarks of a sexual nature, including dirty jokes; sexual requests and/or bribes; repeated display of sexual materials within eyesight; intrusive sexual questions; any form of non-consensual touching; and sexual ridicule are all considered workplace sexual harassment.

You can be sexually harassed by anyone in your workplace, including your customers, and it is prohibited by federal law in workplaces with 15 or more employees. It is important to keep in mind that your state also has a set of sexual harassment regulations, so if you believe you have been a victim of sexual harassment, review your state’s legislation, as well, to determine your specific rights.

Gender Discrimination in the Workplace

Gender-based discrimination is the unfavorable treatment of an employee or potential employee because of that person’s gender or his or her connection with a group traditionally associated with a particular gender. As with sexual harassment, employers with at least 15 employees are prohibited from exhibiting gender-based discrimination in their workplace under federal law, and some states have their own laws regarding this type of discrimination.

As covered by the EEOC, an employer may not be gender discriminatory against any person in any area of employment including the hiring, laying off and firing of personnel; promotions and pay raises; job assignments; training and job-relevant education; fringe benefits, bonuses and other eligible compensation; and any other condition or term of employment.

While there are defined differences between sexual harassment and gender-based discrimination, the two can cross over into each other. For example, if an employer has a history of promoting men over equally qualified women unless the women acquiesce to sexual advances, this employer might be found to be committing both gender-based discrimination and sexual harassment in the workplace should a complaint be filed.

What to Do If You’re a Victim

If you’re a victim of sexual harassment and/or discrimination based upon your gender, you may be able to file formal charges against your employer. Prior to filing charges, document your treatment. This includes keeping a written log of the harassment and/or discrimination you experienced and collecting any physical evidence, such as electronic communication and corroborating statements. Note the names of any witnesses present when the infraction occurred, as well as the dates, times and location of each incident you’ve documented.

Take your evidence to an experienced legal professional to discuss your sexual harassment and/or gender-based discrimination case. You’re entitled to a workplace free of harassment and discrimination, so if you are a victim, do not hesitate to protect yourself and your rights.