Sexual Harassment in the Workplace

What is Sexual Harassment?

Sexual harassment is defined by the Equal Employment Opportunity Commission as "unwelcome or unsolicited verbal, physical or sexual conduct where submission is an explicit or implicit condition of employment, where submission or rejection of such conduct is used as the basis for making employment decisions, or which has the purpose or effect of substantially interfering with an employee’s job performance or which creates an intimidating, hostile or offensive working environment." All employers should have a clearly stated workplace harassment policy as required by sexual harassment law and an effective workplace safety management in order to minimize workplace safety issue.  Job safety training should include workplace harassment training as well.

Some examples of behavior that may be considered harassment, depending on the facts and circumstances, are the following:

1. Verbal or Written Sexual Harassment

Verbal harassment; suggestive e-mail; comments or jokes regarding sex, gender, race, or physical appearance; threats of physical harm; unwelcome or unsolicited sexual advances; demands for sexual favors; or distribution of written or graphic material pertaining to sex.

2. Physical Harassment

Physical harassment, such as touching or other physical contact, leering, stares, or threats to take such action.

Also Prohibited: Retaliation for Reporting Sexual Harassment

Requirements and Deadlines in Harassment Cases

Hostile Work Environment Sexual Harassment

1. Employee was subjected to unwelcome sexual harassment
2. Harassment was based upon sex or gender
3. Harassment was sufficiently severe or pervasive to affect a "term, condition or privilege" of employment
4. Employer knew or should have know of the harassment and failed to take prompt remedial action (Meritor Savings Bank, 477 U.S. 57, 70-71, (1986).

Quid Pro Quo Sexual Harassment

1. Employee was subjected to unwelcome sexual harassment in the form of sexual advances or requests for sexual favors
2. Harassment was based on sex or gender
3. Employee’s reaction to harassment affected tangible aspects of employee’s compensation or other terms, conditions or privileges of employment, and

    

4. Respondeat superior (Ellert v. University of Texas 52 F.3d 543,545 (5th Cir. 1995)

Employer Liability for Supervisor Harassment

If proven harassment results in tangible job action, such as firing or demotion, the employer is automatically held liable.

If no tangible job action occurs, employer can avoid liability by showing it exercised care to prevent and correct harassing behavior and employee failed to take advantage of corrective measures.

See Farrager v. City of Boca Raton, 118 S..Ct.2275 (1998) and Burlington Industries, Inc. v. Ellerth, 118 S.Ct. 2257 (1998)

Damages in Sexual Harassment Cases

1. Back pay
2. Lost benefits
3. Future pay or reinstatement
4. Lost future benefits
5. Compensatory damages — mental anguish, pain and suffering
6. Punitive damages
7. Attorneys fees

Caps on Case Damages

Compensatory damages for mental anguish and punitive damages are capped. The caps range from $50,000 for companies with less than 101 employees to $300,000 for companies with more than 500 employees. If you believe you are a victim, a sexual harassment lawyer is recommended.

• The content of this article is provided for informational purposes only. If you need help with a sexual harassment claim, click here to talk to Steven E. Petrou or a Sexual Harassment attorney in your area.