Sexual harassment remains a substantial problem in the workplace, with thousands of women and some men reporting claims to state and federal agencies. Evaluating these claims is critical. For more insights, see Mary L. Boland’s “Sexual Harassment in the Workplace” (2005).

Our office generally handles claims on a contingency basis, meaning the only fees are due from the other party or at the time of settlement.

Types of Sexual Harassment Claims

There are two basic types:

• Quid Pro Quo: Employment, promotion, or benefits are associated with sexual favors.
• Hostile Work Environment: An employee is subjected to intimidating or hostile conduct in their workplace.

The Guidelines describe actionable workplace conduct under Title VII, including “[u]nwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature” (29 CFR § 1604.11(a) 1985). This conduct constitutes prohibited “sexual harassment” when it unreasonably interferes with an individual’s work performance or creates an intimidating, hostile, or offensive working environment (§ 1604.11(a)(3)).

Examples of sexual harassment include:

• Unwelcome Sexual Advances and Requests for Favors: Conditioning advancement on complying with sexual requests. For instance, a boss insinuates that you will get a promotion if you develop a “special relationship” with them.
• Hostile Work Environment: A supervisor or coworker makes sexual jokes, stares, or touches you. Sexually graphic posters, photos, or magazines are posted, or sexual activities are associated with workplace activities such as parties at a topless bar. Equally important, any reports of a problem are ignored, or the victim suffers retaliation.

Documenting incidents of harassment is crucial. Keep a detailed record of dates, times, places, witnesses, and descriptions of each incident. This can significantly strengthen your case.

Sexual Assault

In some cases, sexual harassment escalates to sexual assault by an employer. Several women have accused a Hollywood manager of sexual assault, stating they were drugged and raped at his home.

Case Handling

Our office handles sexual harassment and sexual assault claims on a contingency basis. This ensures that you face no upfront costs and only pay if we successfully resolve your case.

If you are a victim of sexual assault, it is important to seek medical attention immediately and preserve any evidence. Reporting the assault to law enforcement and seeking support from a counselor or support group can also be beneficial.

For more information, visit our blog on this topic: Help victims of sexual assault seek justice