Guide to Workplace Sexual Harassment Claims
Learn what constitutes sexual harassment under federal law, how to report it, and what legal options are available to hold employers accountable.
Defining Sexual Harassment Under Federal Law
Under Title VII, sexual harassment is a form of sex discrimination. The EEOC recognizes two primary types: quid pro quo harassment, where employment decisions are conditioned on sexual favors, and hostile work environment harassment, where unwelcome conduct is severe or pervasive enough to create an intimidating, hostile, or offensive working environment.
Quid Pro Quo vs. Hostile Work Environment
Quid pro quo harassment typically involves a supervisor who demands sexual favors in exchange for a job benefit. A single incident can establish this. Hostile work environment harassment involves unwelcome conduct that is so frequent or severe that it alters the conditions of employment. Courts consider the totality of circumstances, including frequency, severity, and whether the conduct was physically threatening.
Your Right to Report Without Retaliation
Federal law strictly prohibits employers from retaliating against employees who report sexual harassment, participate in an investigation, or file a charge with the EEOC. If you experience retaliation for reporting harassment, the retaliatory acts themselves constitute a separate legal violation.
Steps to Take If You Are Being Harassed
Clearly communicate that the behavior is unwelcome. Document every incident in detail. Report the harassment to your employer, preferably in writing. Consult with an employment attorney who can advise you on your legal options. If your employer fails to address it, file a charge with the EEOC.
Employer Liability for Harassment
Employers can be held liable for harassment by supervisors, especially when it results in a tangible employment action. For harassment by coworkers, employers are liable if they knew or should have known about it and failed to take prompt corrective action.
Compensation Available in Harassment Cases
Victims may be entitled to back pay, front pay, compensatory damages for emotional distress, and in some cases punitive damages. Title VII caps compensatory and punitive damages based on employer size, ranging from $50,000 to $300,000.
Why Legal Representation Matters
Sexual harassment cases are complex and emotionally challenging. An experienced employment attorney gathers evidence, handles communications, files legal documents, and advocates for maximum compensation. Most attorneys handle these cases on contingency.
Need Legal Help With Your Situation?
This guide is for informational purposes. For advice specific to your situation, get a free consultation with an experienced employment attorney.
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