Sexual harassment is never the fault of the person experiencing it, no matter what they are wearing. Yet, clothing still comes up in harassment cases, especially when trying to shift blame or cast doubt on a victim’s credibility. This can be confusing and unfair.
If you are seeking justice for mistreatment and your style is being questioned, it is important to understand your rights.
Why what you wear should not be on trial
According to the U.S. Equal Employment Opportunity Commission (EEOC), over 27,000 sexual harassment charges were filed between 2018 and 2021. While clothing is not listed as a cause, it is often brought up to downplay or excuse harassment.
In sexual harassment cases, the law focuses on unwelcome conduct, not what a person was wearing at the time they were mistreated. Your outfit(s) cannot be used to justify inappropriate behavior or dismiss your experience. Unfortunately, the other side might still try to use it as a distraction.
Clothing sometimes enters the conversation in these cases:
- Defense strategy: The harasser or their legal team might claim your outfit was “provocative” to argue the attention was welcomed.
- Character attacks: They may try to paint a negative image of you based on how you dress.
- Workplace culture: Some companies allow certain dress codes and then use that to claim the behavior was normalized.
These tactics do not hold up legally, especially when you have clearly communicated that the behavior was unwanted. Courts and investigators are trained to focus on the facts, not fashion choices. Still, it helps to be prepared. If clothing is mentioned in your case, keep records of what was said or done and focus on the actions that made you uncomfortable.
If you are facing a claim or want to file one, it is smart to talk to a legal team. Legal guidance can help you feel protected, especially when unfair tactics are used against you.
