Category Archives: Sexual Harassment
Are Employees Protected Against Retaliation When Giving Information During An Investigation Into Sexual Harassment?
Title VII of the Civil Rights Act of 1964 (Title VII) protects employees against retaliation for opposing any practice made an unlawful employment practice under Title VII. Under well-established law, a sexual harassment victim who makes an internal complaint of sexual harassment is protected from retaliation by Title VII. However, courts have struggled with… Read More »
What Constitutes A Sexual Harassment Complaint?
When making a complaint about unwanted sexually harassing behavior, it is critical that the victim provide the employer with sufficient information to reasonably notify the employer that a sexual harassment complaint has been lodged. A complaint that is not sufficiently detailed or clear enough to notify the employer that the victim is making a… Read More »
Employers Are Strictly Liable For Sexual Harassment By High-Level Managers
In the landmark cases of Faragher v. City of Boca Raton, 524 U.S. 775 (1998) and Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998), the U.S. Supreme Court addressed the issue of an employer’s liability for sexual harassment by a supervisor. In Faragher and Ellerth, the Court held that that an employer is… Read More »
Florida Court Makes One of the Largest Workplace Harassment Payouts in History
After years of harassing conduct directed at the female guards of a local federal lockup, a Florida judge has authorized a $20 million settlement to compensate the women for their nightmarish experience. The female employees of the Coleman Federal Correction Complex in Florida filed a class-action complaint against the management of the facility for… Read More »
Does Unwanted Romantic Interest Constitute Sexual Harassment?
Title VII of the Civil Rights Act of 1964 (Title VII) prohibits discrimination on the basis of sex, which includes sexual harassment in the form of a hostile work environment. Title VII protects men as well as women from discrimination because of sex, including sexual harassment. Generally, sexual harassment involves verbal or physical behavior… Read More »
The Legal Significance Of A Single Incident Of Serious Sexual Harassment
In order to establish a sexual harassment claim, an employee must show that the sexually harassing behavior was sufficiently severe or pervasive to alter the terms and conditions of employment. Although often ignored by courts when dismissing sexual harassment cases, sexual harassment is actionable if it is either sufficiently severe or pervasive. Thus, as… Read More »
What Are The Options Of A Sexual Harassment Victim?
In 1986, the U.S. Supreme Court held in Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986) that sexual harassment which is sufficiently severe or pervasive to alter the conditions of the victim’s employment and create a hostile or abusive working environment is unlawful. Almost thirty years later, sexual harassment persists as a serious… Read More »
What Is The Legal Significance Of Prior Complaints Against The Same Sexual Harasser?
A sexual harassment victim will sometimes have personal knowledge or information that the same individual sexually harassing him or her has also sexually harassed other employees. One issue arising out of such circumstances is whether any of the other employees made a prior sexual harassment complaint against the same harasser. If an employee did… Read More »
Employer Liability For A Supervisor’s Sexual Harassment Based On Management’s Knowledge
In Faragher v. City of Boca Raton, 524 U.S. 775 (1998) and Burlington Indus. v. Ellerth, 524 U.S. 742 (1998), the U.S. Supreme Court held that employers are subject to vicarious liability for hostile work environment sexual harassment created by a supervisor with immediate (or successively higher) authority over the victim. However, the Ellerth… Read More »
Employees Are Protected Against Sexual Harassment From Customers
A common misconception in the area of sexual harassment law is that an employer can only be held liable for hostile work environment sexual harassment when the harassment is committed by an employee. However, employers have a duty to prevent and correct sexual harassment in the workplace whether the harasser is an employee or… Read More »
