What does Judaism say about Sexual Harassment?

Introduction

Before discussing the Halacha connected with guiding how men and women, who are not married, are to behave in a Jewish/Torah/God framework, let's first define the general Jewish approach to desire, love, intimacy, and sex. The Torah's prohibition of pre-marital sex and intimacy of any kind with someone that you are not married to, is predicated on a deep awe and respect for sexual desire and expressions of affection and love. The Torah is not anti-sex, it's pro Holy Sex. Judaism, aware of the explosive power of sexual desire, outlines boundaries and safe-guards to prevent this desire from causing emotional and physical injury, including jealousy, abuse, assault, violence and oppression.

Rebbetzin Tehilla Abramov, The Secret of Jewish Femininity, pp. 30-33 –

Judaism works from the view that the world is Godly, that God has vested it with an aspect of His creative potential. When we proclaim “Hear Israel, God is our Lord, God is One,” we are not merely negating the existence of a second divinity; we are emphasizing how His transcendent Oneness pervades and permeates every aspect of the Creation. If this is true regarding the world at large, it must surely be true of the union between man and woman.*

Ramban, Iggeret HaKodesh, Chapter 2

Know that the act of union is a holy and pure matter when carried out in the proper manner, at the proper time, and with the proper intentions. A person should not think there is anything degrading and unbecoming to the act of union, God forbid.*

Shemot Rabbah 16:2

And says God: “Do not say, ‘Although I may be forbidden to be intimate with a certain woman, I can pursue her without sinning [i.e. sleeping with her], I can can hug her without sinning, I can kiss her without sinning.’ For just like someone who takes the Nazarite vow prohibiting himself from drinking wine, he can't even have fresh or dried grapes, grape mixtures, or anything else from grapes, similarly any woman who is not your wife - you cannot even touch!”

Basic Laws of Negiah

— Negiah is defined by the rabbis as affectionate touch.

The Rambam in Issurei Biah 21:1, and the Shulchan Aruch "forbid a man or a woman to affectionately touch individuals of the opposite gender." This includes hugging, kissing, and for some handshakes. This does not include a persons parents, grandparents, children, or siblings. Regarding uncles, aunts, cousins - one can be stringent.

From what age? Once children reach the age of bar or bat mitzvah, or even earlier, parents begin instructing them in the ways of Torah,

"It is permitted to see a doctor of the opposite sex and have them touch you for two reasons. First, the "Shach Yoreh Deah 195:20 says that according to the Rambam, the only issur of negiah is when the negiah is with hana’a, or pleasure, but in medical care there is no pleasure involved so it would be muttar to treat a patient of the opposite gender." Secondly, (and this ties into laws of Yichud) a doctor is highly unlikely to ruin their reputation and violate a person. Today, some rabbis and many doctors advise that an adult be present when any exam of private areas is being conducted.

"Igrot Moshe EH 2:14 writes that it is permitted to take the subway or buses even if it is likely that one might bump into a woman. According to the Shach YD 157:10 and 195:20, since it isn't derech chiba it isn't forbidden to touch a married woman or niddah. He argues that even according to the Shulchan Aruch 195:17 who is strict regarding your wife when she is a niddah if it isn't derech chiba, that is only a stringency relevant to one's wife since it could lead to derech chiba. However, for other woman even Shulchan Aruch could be lenient. Igrot Moshe follows the Shach. He adds that if this type of touching will lead him to have a hirhur if he has to go to work at that work he can go and try to avoid the hirhur by thinking about Torah. If he can't help himself because he knows he's going to be aroused then he may not go to work that way. But he says that it is forbidden to have such a lustful nature."

( " " is Exerted from Halachapedia on Negiah)

Introduction to Yichud

In order to limit the potential for desire to overcome someone, and to protect women and men from unwanted sexual advances or God forbid worse, the rabbis created a wide boundry around the Torah prohibition of Yichud. What is Yichud?

Yichud means seclusion.According to the Shulchan Aruch and the Talmud, it is forbidden from the Torah for a man to seclude himself with any woman but his wife, or immediate family.

Basic Laws of Yichud

"It is forbidden from the Torah for a man to seclude himself with a woman to whom he is forbidden. It is Rabbinically forbidden for a man to seclude himself with any woman, even a single woman. It doesn't matter if the woman is Jewish or non-Jewish. (Shulchan Aruch EH 22:1-2, Aruch Hashulchan EH 22:1, Kitzur Shulchan Aruch 152:1, Yalkut Yosef Hilchot Ishut EH Siman 22:1-2.)"*

Therefor a person must be aware of their surroundings at work and at home.

A child who can talk and relate what they see (7 years old usually), an open door to the public space during the day time, or being in public are ways to mitigate the prohibition of Yichud.

This applies to everyone.

"It's permitted for a man to seclude himself with his mother, daughter, granddaughter, or wife even when she in her state of Niddah."*

"If a woman's husband is in the city" - there is an area of the law called "Ba'ala B'Ir". That under limited circumstances it's permissible to be secluded, unless one has a close relationship with her such as if one grew up with her or is a relative.

What constitutes a city? The city limits.

It is permitted for a man and woman to be secluded with one another in an area that is open to the public, except at nighttime.

A Cafe is fine - a hotel room, not so fine.

Open to the Public*

1. It is permitted for a man and woman to be secluded with one another in an area that is open to the public^[13] except at nighttime.^[14]
2. Some say that as long as the door is unlocked even if it is closed that area is considered open to the public^[15], however, some say that it is only considered open if the door is actually open.^[16] Practically, some say that one can be lenient only if people in that area enter without knocking and getting permission.^[17] Some say that in cases of need one can be lenient regarding any rabbinical form of yichud.^[18]
3. Some poskim hold that it is forbidden to seclude oneself with a woman which one is comfortable around in an area open to the public, while others permit it. ^[19]
4. If it is only possible to see into a window from the street if someone from the street were to stand on a chair then the window doesn't make it that the room is considered open to the public. However, if the window is low enough that people from the street can see into the room normally or by simply going on their tippy toes then it is considered open to the public.^[20]

Camera

1. Some say that it is forbidden for a man and woman to seclude themselves together even if there's a camera or webcam that makes everything in the room visible to onlookers in another location. ^[21] If someone is monitoring the camera, ome poskim say that one can be lenient. ^[22]"

* From Halchapedia

The the sake of reference I include this language below of what defines sexual harassment according to the law.

Definition of Sexual Harassment

It is unlawful to harass a person (an applicant or employee) because of that person’s sex. Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.

Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general.

Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex.

Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).

The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer. (US Equal Opportunity Commission)