There are two types of sexual harassment claims: 1) quid pro quo and 2) hostile work environment. Quid pro quo sexual harassment can be established when employment, continued employment or employment benefits are specifically conditioned upon submission to unwelcomed sexual advances. For example, when a manager tells you that you will get the job promotion if you sleep with him. Hostile work environment sexual harassment occurs when an employee is subjected to unwanted sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature which is sufficiently severe or pervasive to alter the conditions of the work environment so as to create a work environment that is abusive and hostile, as a matter of law. For example, when your supervisor repeatedly shows you nude pictures of himself.
Whether a sexual harassment allegation is legally viable against the employer is largely dependent upon the title of the person(s) allegedly committing the sexual harassment, the notice given to managerial employees of the sexual harassment, the employment policies of the employer, any action, or lack of action, taken by the employer after receiving the complaint of sexual harassment and whether a proper investigation took place with remedial actions taken.
Victims of sexual harassment can recover lost wages, emotional distress, punitive damages and attorney's fees.
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