There are two types of sex harassment. One is called quid pro quo harassment, where someone is forced to submit to a sexual act as a condition of hiring, promotion, keeping one's job, or getting other benefits in the workplace. Another form of sex harassment is hostile work environment, which involves the creation of a sexually unwelcome or offensive work environment.
A person who is subjected to sex harassment or sex discrimination may be entitled to recover damages, including lost wages, emotional and mental distress, and legal expenses. In some cases, punitive damages may be awarded as well.
The most common form of sex harassment case involves a man engaging in improper conduct directed toward a woman. However, there are also cases dealing with women's improper conduct toward men. Also, there are a growing number of cases in which "same sex" harassment claims are made, which has now been recognized under both federal and state laws. All of these forms of harassment are illegal and can lead to judgments against employers and individual perpetrators.
Employers should have written policies prohibiting sex harassment, provide a mechanism to report such claims promptly, investigate any charges, and take prompt corrective action when warranted. The law bars retaliating against a person who reports sex harassment. Employers should also be careful to treat the persons accused of sexual harassment fairly to avoid claims from persons wrongfully accused.
If you believe you have a claim of sexual harassment, you should take action promptly. Under federal law, you must make a claim within 300 days of adverse action. Under state law, a claim must be made within one year of the time you learn of possible adverse action.
If you would like more information about sex discrimination of harassment or other employment law subjects, please contact us through this site's e-mail or by calling (612) 339-4295.