SEXUAL HARASSMENT

What is a Hostile Work Environment?

The two most common types of sexual harassment in the workplace are referred to as quid pro quo and hostile environment:

• “Quid pro quo” sexual harassment occurs when it is stated or implied that an employment decision depends on whether the employee submits to conduct of a sexual nature. For example, if an employee is made to believe that a promotion is likely if the employee goes on a date with the supervisor, the employee is being subjected to sexual harassment.
• Hostile environment sexual harassment occurs when unwelcome conduct of a sexual nature creates an intimidating, threatening or abusive working environment. Some conduct can be so severe that even one incident can be basis for a legal claim of workplace sexual harassment.

Types of Workplace Sexual Harassment

Harassment can be most intimidating when it comes from a boss or supervisor, leaving an employee feeling trapped and vulnerable. However, the harasser can also be a co-worker or even a non-employee.

Petty insults, minor annoyances, and isolated incidents typically are not basis for legal action. To be unlawful, the conduct must create an offensive, intimidating or hostile work environment.
Common verbal harassment can include:

• Offensive jokes or insults
• Innuendos
• Slurs
• Ridicule and name-calling
  Though physical harassment is less common than verbal harassment, it is often more severe. Physical harassment includes:
• Groping
• Grabbing
• Other touching

Examples of Workplace Sexual Harassment

1. Unwanted Personal Attention: Unwanted attention can include letters, telephone calls, visits, pressure for sexual favors, or pressure for unnecessary personal interaction with a sexual/romantic intent.
2. Unwanted Sexual Statements: Harassing comments may include sexual or “dirty” jokes, remarks on physical attributes, spreading sexual rumors, talking about sexual activity in front of others, or displaying and distributing sexually explicit materials. Unwanted sexual statements can be presented in person, in writing, or electronically via e-mail, blogs, or other social media.
3. Unwanted Physical or Sexual Advances: Physical harassment may include touching, hugging, kissing, fondling, touching oneself sexually for others to view, or any unwanted sexual activity.

Employer Liability for Harassment Incidents

An Ohio employer is automatically liable for workplace harassment by a supervisor that results in termination, failure to promote or hire, or loss of wages.

If the supervisor’s harassment results in a hostile work environment, the employer can avoid liability only if it can prove both that they attempted to prevent and quickly correct the harassing behavior, and the harasser rejected the corrective efforts provided by the employer.

Employers have a responsibility to create a comfortable work environment, free from harassing of any nature. When an employer fails to protect workers from workplace sexual harassment, legal action is an option for the victims.

Some claims make their way before a jury, though out-of-court settlements often are more attractive to employers. Harassment lawsuits can be costly, so out-of-court settlements save employers the time and expense of defending their employment practices.

The U.S. Equal Employment Opportunity Commission reports thousands of charges of workplace harassment each year, and attorneys recover millions of dollars on the behalf of victims who file harassment claims.

How to File a Lawsuit

1. Document everything—if any offers or threats are being made, write down the date, time, place and any witnesses. You want to start a paper trail. Don’t worry if there are no direct witnesses, others may have noticed the situation from afar. Write down any comments about your gender being inferior, or sexual comments. If the harasser is texting or emailing; keep copies. Don’t delete them. Don’t put your notes on a work computer, or on the work premises. If you are terminated, you may be prevented from taking your notes from your work computer.
2. Report the harassment—reporting sexual harassment is a requirement before you can file a lawsuit. You must give an employer a chance to correct the situation. Say “No” and tell the person that their behavior offends you. Firmly refuse all invitations. Carefully follow any company harassment policy, and report your concerns to HR and management in writing. Following any conversation about incidents, document the gist of the talk in e-mails to those involved. Once a company is notified of a harasser, it is liable, in the event of sexual harassment claims if they do not correct the situation.
3. File a complaint with the Equal Employment Opportunity Commission (EEOC)—after you file a harassment complaint at work and the employer does not take action, file with the EEOC. You have between 180 and 300 days from the date of discrimination to file. You are protected from retaliation when you file a charge of discrimination with the EEOC. If you belong to a union, it is a good idea to contact them as well.
4. Make exit plans—if your company dos not correct a hostile work environment and you don’t feel safe, look for a job elsewhere. Stand up for the right to a safe work atmosphere. Your employer has a duty to keep your workplace free of sexual harassment.
5. Hire an experienced attorney—contact an employment lawyer in your region who understands hostile work lawsuits and Cincinnati sexual harassment settlements.
6. File a lawsuit—as a last resort, and after you file a formal complaint with the EEOC or a state fair employment agency, you may consider filing a lawsuit. Compensation can vary in financial remedies, though some sexual harassment claims can be very valuable. When you decide to bring a claim against your employer, contact an experienced labor attorney.

Sexual Harassment Settlements

Sexual assault and harassment claims have been plaguing many organizations and institutions as more and more victims come forward, emboldened by the #MeToo movement. Victims and their sexual harassment lawyer have targeted sexual predators in athletic abuse lawsuits, church abuse allegations and hostile work environment settlements.

Sexual harassment and abuse is never a comfortable situation and victims may be hesitant to make themselves known. However, it is essential that sexual predators be named to protect others, and compensation may be sought for abuse victims.

•    In March, 2017, a production associate at Tesla filed a lawsuit against his employer for what he refers to as “a racially charged, sexually hostile and physically abusive environment.” This lawsuit follows another recently publicized lawsuit against Tesla over allegations of sexism and harassment.
•    In 2016, a jury awarded almost $8 million to a former Chipotle Mexican Grill employee in Houston after she filed a sexual harassment lawsuit. The jury determined that the girl was sexually assaulted and sexually harassed by a manager and that at least one other manager was aware.
•    In July, 2016, a federal judge ordered Z Foods, Inc., a large dried fruit processors, to pay $1.5 million in damages in a sexual harassment and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). EEOC charged that Z Foods allowed male supervisors to sexually harass female employees and fired certain employees when they complained about the harassment. The court awarded the maximum allowed by the statute, ruling that the claimants suffered severe emotional distress as a result of actions of Z Foods.
•    In 2015, a California court awarded $2 million to a truck driver trainee, who claimed that she was sexually harassed and physically abused by her driving trainer. The trainee indicated that the trucking company would not pay for separate motel rooms for co-drivers, pressuring her to spend the night in the same motel room with her trainer, where the harassment and abuse took place.