Sexual Harassment – Even When Subtle – Is Illegal

Many people tend to think of sexual harassment in the workplace as a relic of the past. However, both men and women are subjected to sexual harassment more often than you might think, and the harassment is just as likely to be subtle as it is overt. At Sterling Employment Law, our attorneys represent victims of sexual harassment in Detroit and throughout Michigan. We are committed to protecting the rights of victims while holding employers accountable for their illegal actions.

If you feel you have experienced sexual harassment in the workplace, speak with our lawyers as soon as possible. Call 248-633-8916 to schedule an appointment to discuss your case.

Skilled Representation In All Harassment Claims

Sexual harassment claims can be based on any number of different actions, including:

• A hostile work environment brought about by a pattern of offensive language, pornographic displays or overtly sexist remarks or materials
• A supervisor making continued employment or promotions contingent on providing sexual favors
• Discrimination based on sexual orientation where gay, lesbian or bisexual employees are harassed for not being “feminine” or “masculine” enough

Our attorneys will thoroughly review your case to determine whether you may be able to make a strong case for sexual harassment in the workplace.

Helping Victims Pursue Damages For Constructive Discharge

In some egregious situations, harassment in the workplace may be so intolerable that an employee has no choice but to quit to escape it. In these cases, it may be possible to pursue damages for what is known as constructive discharge. However, it is important to always pursue relief from harassment by following any company policies for dealing with harassment before quitting your job. We can provide pre-termination counseling to help ensure that your legal rights are protected in the workplace.

Your Sexual Harassment Questions, Answered

Below, we’ve answered some of the most common questions asked by prospective clients:

What are some common examples of workplace sexual harassment?

Workplace sexual harassment can take many forms. Some common examples include:

• Uninvited touching, hugging or any other form of physical interaction that makes you uncomfortable
• Remarks about your appearance, body or personal life that are sexual in nature
• Showing or distributing sexually explicit images or videos in the workplace
• Sharing jokes or stories that are sexual and make you feel uncomfortable or demeaned
• Requests for dates or sexual favors from a superior, especially if they come with promises of job benefits or threats of job loss

Most of these would fall under the category of “hostile work environment,” while the last example would be considered “quid pro quo” sexual harassment.

What laws protect employees from workplace sexual harassment?

Both federal and Michigan laws protect you from workplace sexual harassment:

Title VII of the Civil Rights Act of 1964 is a federal law prohibiting employment discrimination based on a number of protected characteristics, including sex/gender. Sexual harassment is considered a form of sex discrimination.

The Elliott-Larsen Civil Rights Act is a Michigan law specifically prohibiting discrimination in employment, including sexual harassment, based on religion, race, color, national origin, age, sex, height, weight or marital status.

What is needed to prove workplace sexual harassment?

To prove workplace sexual harassment, you generally need to demonstrate the following:

1. You experienced unwelcome conduct: The behavior must be unwelcome and not encouraged by you.
2. It was based on sex: The conduct must be of a sexual nature or based on your gender.
3. It was severe or pervasive: The behavior must be severe or pervasive enough to create a hostile or abusive work environment or to result in a tangible employment action, such as being fired or demoted.
4. Your employer had knowledge of it: Your employer knew or should have known about the harassment and failed to take appropriate action to stop it.

Proving all of these elements and finding supporting evidence can sometimes be difficult, which is why it is important to work with an experienced employment law attorney.

What are the legal remedies for workplace sexual harassment?

If you experience workplace sexual harassment, several legal remedies are available:

• Monetary compensation for lost wages, emotional distress and other damages.
• Reinstatement to your job if you were fired or demoted because of the harassment.
• Mandatory policy changes at your workplace, including providing training to prevent future harassment.

In some cases, you might be entitled to punitive damages, which is additional compensation meant to punish the employer for particularly egregious conduct.

Stand Up For Your Rights. Contact Our Attorneys.

If you have been subjected to sexual harassment of any kind, we are prepared to help. Contact us online or call 248-633-8916 to schedule an initial consultation to discuss your situation.