Sexual harassment is one of the most isolating and unsettling forms of discrimination that an employee can experience within the workplace. It can undermine your confidence, negatively affect your performance, and can make going to work both mentally and emotionally exhausting. Title VII of the Civil Rights Act of 1964 recognizes how impactful such an experience can be on individuals by prohibiting such conduct under the umbrella of discrimination on the basis of sex. Many employees hesitate to speak up because they fear retaliation, embarrassment, ridicule, or not being believed. Understanding your rights is the first step toward regaining control.

Sexual Harassment, Broken Into Two Broad Categories 

Sexual harassment comes in many forms, but can generally be broken into two broad categories. 

1. The first category is typically blatant conduct known as quid pro quo harassment. The U.S. Supreme Court has found this type of harassment to occur in two different scenarios. The first is when a supervisor conditions a tangible employment action, on submission to sexual conduct, and the second is when an employee suffers a tangible employment action because they have rejected sexual advances. Tangible employment actions can be a change in employment status, like discharge, demotion, reassignment, or a significant change in benefits. Even a single incident of harassment in this form can be unlawful if a job decision is tied to sexual demands.
2. The more prevalent forms of harassment that the U.S. Supreme Court recognizes are hostile work environment claims. These claims are actionable when sexual harassment is sufficiently severe or pervasive enough to alter the conditions of an individual’s employment and create an abusive working environment. This can manifest as repeated sexual comments or jokes, unwanted touching, explicit messages or images, persistent date requests, and sexual rumors or degrading remarks.

Who Is Protected?

Sexual harassment laws are aimed to protect employees of all genders as well as job applicants and interns whether paid or unpaid. Protection from sexual harassment does not only apply to the employer-employee relationship, but extends to scenarios where co-workers, supervisors, and even third parties like clients or vendors are the ones engaged in the unlawful conduct depending on the circumstances. Protection is also extended to protect survivors from retaliation from reporting the harassment, participating in an investigation and even supporting another employee’s complaint. Retaliation can take the form of termination, demotion, reduced hours, being assigned to undesirable assignments, and even subtle forms of exclusion, even where the original harassment claim is ultimately disputed.

How We Can Help

Before filing a lawsuit under Title VII in federal court, employees must file a formal charge of discrimination with the Equal Employment Opportunity Commission (EEOC) or a state or local agency that works with the EEOC. Strict deadlines are enforced and may bar a claim for recovery if not adhered to. Typically, jurisdictions with qualified state or local agencies allow for charges to be filed within 300 days of the unlawful conduct, while jurisdictions that do not have such an agency may be required to file within 180 days. After the EEOC investigates the charge, they may issue a Notice of Right to Sue which provides an employee a 90 day window from receipt of such notice to file a lawsuit in federal court. The failure to adhere to this administrative process will prevent an employee from pursuing a federal Title VII lawsuit.

Even where the EEOC is the appropriate first step, it may not be your final step. Often, a lawsuit is necessary to obtain the best outcome, and here at VKV, we have extensive trial experience helping workers gain the knowledge, power, and courage they need to fight back. 

No one should feel unsafe or degraded at work, and the law is designed to grant all employees the right to earn a living in an environment free from unlawful misconduct. Sexual harassment can have lasting professional and emotional consequences, and ignoring such conduct will only allow it to persist. If you are experiencing sexual harassment at work, we are here to listen. 

Additional resources you may find helpful:

• Equal Employment Opportunity Commission Sexual Harassment Fact Sheet (Provides guidance on sexual harassment law) 
• U.S. Department of Labor Policy & Procedure for Preventing & Eliminating Hassing Conduct in the Workplace (Offers information about workplace rights and protections)