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HARRASMENT CLAIMS

Sexual harassment is a form and subcategory of gender discrimination. There are two theories under which we prosecute a sexual harassment claim. The first is the basic “quid pro quo” harassment, which occurs when any employer or a representative of an employer such as a supervisor, manager, or even co-worker or “lead” conditions any job benefit, or threatens any job detriment, in exchange for sexual favors, including requests for dates, drinks after work, or outright sexual acts. The second type of sexual harassment is called “hostile work environment harassment” and is established when there is conduct or language that constitutes intimidation, ridicule and insult that is sufficiently severe or pervasive to alter the conditions of employment. A typical example, is using sexually charged language, photos, and unwanted sexual attention.

Conduct such as yelling, screaming, demeaning language, or unfair workload, is generally not illegal if it is only the result of a personality conflict. Such conduct is illegal however, if motivated by prejudice against a protected category, such as race, national origin, gender, age, religion, disability, and/or sexual orientation. Illegal motive can be proven by showing that other employees are treated more favorably and not subjected to the same conduct, or inferred from discriminatory remarks, stereotypes, racial joking, or slurs. If this harassment is severe or pervasive and creates a hostile or abusive work environment it is illegal. Often however, complaints against a work environment in which you feel threatened on unsafe, can and do lead to a wrongful termination claim.

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