Sexual harassment in the workplace includes any unwelcome conduct such as sexual advances, touching, sharing inappropriate memes, or making derogatory remarks.  The harassing conduct does not need to be motivated by sexual desire; it just needs to be based on the victim’s sex. 

An employer can be liable for sexual harassment perpetrated by a supervisor or manager regardless of whether they knew about the harassment.  An employer is liable for harassment by a coworker or customer only if the employer knew or should have known about the harassing conduct but did not take immediate corrective measures. 

There are two types of sexual harassment. “Quid pro quo” harassment occurs when a supervisor or manager demands sexual favors from an employee in exchange for employment or workplace benefits.  To establish this, you will need to prove that:

1. You applied for a job or worked for the employer; 
2. A supervisor or manager made unwelcome sexual advances toward you; 
3. Your employment or a favorable employment benefit was implicitly or explicitly conditioned on submitting to sexual requests; and 
4. The supervisor or manager’s conduct was a substantial factor in the harm you experienced as a result.  

“Hostile workplace” harassment occurs when workplace sexual conduct is so severe or so pervasive that an employee is prevented from performing their job, thereby altering the terms and conditions of employment.  This is established when:

1. You are subject to unwelcome sexual advances, remarks, or actions in the workplace; 
2. The unwelcome conduct is based on your sex; and 
3. It is pervasive or severe enough to make the employment conditions hostile. 

If you were sexually harassed in your workplace, call us or fill out our questionnaire for a free consultation.  Even if your particular issue is not listed, we can likely help you. Use the “Contact Us Now” link below for a free consultation.