Q: Does all sex-related conduct in the workplace constitute sexual harassment?
A: The Civil Rights Act does not prohibit "genuine but innocuous differences in the ways men and women routinely interact with members of the same sex and of the opposite sex." A recurring point in the Court's opinions is that "simple teasing," offhand comments, and isolated incidents (unless extremely serious) will not amount to discriminatory changes in the "terms and conditions of employment." The court has stated that the sexually harassing conduct must be both objectively and subjectively offensive, in that a reasonable person would find it hostile or abusive. Further, the victim of the harassment must also perceive the conduct as hostile or abusive. Conduct that is not severe or pervasive, or conduct that is not considered offensive by the victim, is not considered sexual harassment under Title VII.
Q: What type of conduct has been found to constitute sexual harassment?
A: Conduct that constitutes sexual harassment must be viewed in the context of the entire work environment and considered on a case-by-case basis. If one employee was telling sexually explicit jokes to a co-worker and the co-worker found the jokes funny and entertaining, this would not be considered sexual harassment. However, if the co-worker found the jokes offensive and was made uncomfortable by them, this would be considered sexual harassment. Conduct that has been found to constitute sexual harassment has included the following:
- repeated sexual innuendo, obscene jokes, slurs, lewd remarks and language, and other offensive sexual comments;
- content in letters and notes, facsimiles, e-mail, and graffiti that is sexually abusive or of a sexual nature;
- sexual propositions, insults, and threats;
- demeaning names based on gender or sexual orientation
- persistent unwanted sexual or romantic overtures or attention
- leering, whistling, or other sexually suggestive sounds or gestures;
- displaying pornographic pictures, calendars, cartoons, or other sexual material in the workplace;
- coerced or unwelcome touching, patting, brushing up against, pinching, kissing, stroking, massaging, squeezing, fondling, or tickling;
- subtle or overt pressure for sexual favors;
- coerced sexual intercourse (e.g., as a condition of employment, promotion or salary increase).
Q: Can a single incident constitute sexual harassment?
A: In "quid pro quo" cases, a single sexual advance may constitute harassment if it is linked to the demand for the exchange of a tangible employment action, such as discharge or demotion. In "hostile environment" cases, a single incident usually is not enough to constitute a "hostile environment." The more egregious the conduct, the less need there is for the victim to show that the conduct is repetitive. One should note, however, that most hostile environment claims are shown to be pervasive due to the repetitive nature of the conduct.
Often, a single derogatory comment or offensive gesture will not be enough to bring a claim under Title VII.
Q: If I feel I am being sexually harassed, what should I do?
A: Tell the harasser to stop. Some experts say that up to 90% of the time, this works. If this does not work, use whatever complaint procedures are available to you through company management. Check your company's employee handbook, personnel policies or manual for a sexual harassment or complaint policy. If the company does not have a formal complaint procedure, ask your human resources or personnel department how to make a sexual harassment complaint. Make any reports in writing in order to create a paper trail of the harassment. Be specific about the nature of the harassment, thoroughly documenting the details of the misconduct. Consider keeping a diary or journal of the harassment and save any offensive notes, pictures, or other material used to harass. DO NOT retaliate back against the harasser.
Q: What legal steps can I take to stop sexual harassment?
A: You can file a suit under the Federal Civil Rights Act or under a state "fair employment practices" law. If you pursue a claim under the Civil Rights Act, you must first file a claim with the EEOC (Equal Employment Opportunity Commission). The EEOC may occasionally decide to prosecute your case, but most often will review your case and then issue you a "right to sue" letter, which will allow you to bring your case in Federal Court. To file a sexual harassment lawsuit, you will almost always need the help of a lawyer.
Q: What kinds of damages can I recover in a sexual harassment lawsuit?
A: Victims of sexual harassment in the workplace can recover back-pay (lost wages), front-pay (future lost wages), promotion or reinstatement to the position that was denied because of discrimination; compensatory damages for emotional distress; punitive damages against an employer if it was acting with malice or reckless indifference; attorney's fees and court costs; and any other award that would make the victim "whole," (put the victim in the same position he/she would have been absent the discrimination). The employer may also be forced to take corrective or preventative measures to ensure that the discrimination does not happen again.
Q: I agreed to go on a date with my boss because he implied that my job would be at stake if I did not. Now I am angry and want to sue. Is it still sexual harassment even if I agreed to the date?
A: If you were forced into going on a date in exchange for job security, you can sue whether or not you accepted the exchange. It was illegal for your boss to put you in that position in the first place.
Q: I was having difficulties with a co-worker who was constantly displaying pornography in the office. I was so fed up that I quit. I didn't think my manager would help so I didn't bother complaining or reporting my co-workers behavior. Can I still bring a lawsuit?
A: For the employer to be liable, the sexually harassing conduct must be reported to a manager, or the management of the company must know about it and have had the opportunity to correct it. In other words, to bring a successful suit, you must have used the complaint processes provided to employees by the company and have given the management the opportunity to correct misconduct.
Q: Does sexual harassment apply only to men harassing women?
A: Sexual harassment is illegal whether a man sexually harasses a woman, a woman sexually harasses a man, or an individual sexually harasses another individual of the same sex.
Q: Can an employer refuse to hire me because I am pregnant?
A: An employer cannot refuse to hire you based on the fact that you are pregnant, as long as you are able to perform the major functions of your job.
Q: I am on pregnancy leave. Am I entitled to the same benefits that my company extends to workers on leave for other temporary medical conditions?
A: Yes, if your employer extends benefits to workers on leave, than it must provide the same benefits to you. Also, any health insurance provided by your employer must extend benefits for pregnancy or related medical conditions on the same basis as costs for other medical conditions.
Q: I have recently started work with a new employer. When I began receiving medical benefits, I was already six months pregnant. The health insurance company has refused to cover the costs of the pregnancy. Is this legal?
A: If a health insurance plan excludes benefits for pre-existing medical conditions at the start of coverage, it is legal to deny benefits for the costs arising from an existing pregnancy. In this situation, it may be legal for your benefits to be denied, depending on the terms and conditions set forth by your carrier.
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