Sexual Harassment
The attorneys at The Employment Law Group®
law firm have experience litigating cases on behalf of
employees who have suffered sexual harassment in the
workplace. Recently in Sterling v. Atlantic Automotive
Corporation, The Employment Law Group® law firm obtained a
$1 million dollar verdict for an employee who experienced
ongoing sexual harassment by her supervisor.
What laws Prohibit Sexual Harassment?
Sexual harassment is a form of sexual
discrimination and is prohibited by Title VII, the D.C.
Human Rights Act (DCHRA), and Article 49B of the Maryland
Civil Code. Title VII, the federal law prohibiting sexual
harassment applies only to labor organizations, companies,
or employment agencies with more than 15 employees. The D.C.
Human Rights Act however, applies to all employers
regardless of size.
What is Considered Sexual Harassment?
Sexual harassment includes: unwelcome
sexual advances, requests for sexual favors, and any verbal
or physical conduct of a sexual nature that affects an
individual's employment.
What must a plaintiff prove to prevail
under Federal Law?
Under Title VII, there are two types of
sexual harassment claims that can be made: tangible
employment action and hostile work environment.
To prevail on a tangible employment action
for sexual harassment, an employee must make a prima facie
case that: (1) he/she was a member of a protected class; (2)
he/she was subjected to unwelcome sexual advances or
requests for sexual favors; (3) his/her refusal to submit to
a supervisor's sexual demands affected his employment
status; and (4) the harassing supervisor used his authority
to subject the employee to adverse job consequences.
An employee alleging sexual harassment
based on a hostile work environment must show: (1) he was
subjected to unwelcome conduct; (2) the harassment was based
on sex; and (3) the harassment was severe or pervasive, and
created an abusive working environment.
What must a plaintiff prove to prevail
under the D.C. Human Rights Act?
An employee claiming sexual harassment
under the DCHRA must establish a prima facie case
demonstrating that unwelcome verbal and/or physical sexual
advances were directed at him or her in the workplace,
resulting in an abusive or hostile working environment.
Retaliation for Reporting Sexual
Harassment is Prohibited
Section 704 (a) of Title VII and the DCHRA
prohibit retaliation against employees who file sexual
harassment complaints. Retaliatory actions include:
termination, suspension, demotion, reduction in salary, and
any act that might dissuade a reasonable person from
reporting sexual harassment.
What can a prevailing plaintiff recover?
A prevailing plaintiff is entitled to
reinstatement, back pay, front pay, compensatory damages and
attorney fees. In addition, Title VII authorizes exemplary
or punitive damages.
Disclaimer: This website
is maintained by The Employment Law Group® law firm to provide general
information about itself and the field of employment law. The information you
obtain at this site is not, nor is it intended to be, legal advice upon which
you should rely or act. If you would like to discuss your potential claim call
us at 888-603-0983 or
inquiry@employmentlawgroup.com
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