Sexual Harassment

A claim for sexual harassment exists when the harassment is so severe or constant that it alters the victim’s employment and creates an abusive work environment. Employers are subject to sexual harassment law suits no matter how large or small the company. An employer has a general duty to prevent sexual harassment from occurring in the work place. Once a complaint of sexual harassment is made, an employer is responsible for taking all reasonable steps to stop such harassment.

Sexual harassment can occur in many forms. Examples of sexual harassment include, but are not limited to:

• Sexual advances
• Touching
• Verbal propositions
• Offering employment benefits in exchange for sexual favors
• Pictures ~ displaying of sexual pictures, cartoons, objects, or sexual gestures
• Jokes or pranks
• Physical conduct ~ blocking movements
• Retaliation after a rejection to sexual advances
• Targeting a woman for offensive or hostile treatment based on gender
• Verbal conduct ~ comments or abuse of a sexual nature

There are different legal classifications of sexual harassment. Quid pro quo sexual harassment occurs when an employer demands sexual favors in exchange for a workplace benefit. For example, if an employer were to state “come to bed with me and I won’t fire you” or “let me touch you or I won’t consider you for promotion”, this would be considered quid pro quo sexual harassment. In most cases, a single sexual advance will constitute quid pro quo sexual harassment if there is a denial of an employment benefit.

Another form of sexual harassment occurs when an employer allows a hostile work environment. An employee has the general right to work in an environment without unreasonable interference with work performance. If the employer creates an offensive or intimidating work environment, this could be construed as a hostile work environment. Unlike with quid pro quo harassment, more than a single incident is usually required to demonstrate a hostile work environment.