Caution: Sexual Harassment in the Workplace

Given the many high profile cases in the media, it is crucial for any business to understand its responsibility to prevent sexual harassment in the workplace. Generally, sexual harassment is deemed to be a form of sex discrimination under Title VII of the Civil Rights of 1964 (Title VII), and most states have far stricter laws in place designed to prevent harassment.

There are two types of sexual harassment: quid pro quo (“this for that”) and hostile work environment.


In order to have grounds for a claim, the employee must demonstrate that he or she believed the conduct was offensive or hostile. It is also necessary to show that a reasonable person in the same position would believe the conduct was hostile. Finally, the employee must prove that he or she complained to a supervisor and that the employer failed to take action to stop the harassment.

Before filing a lawsuit, the employee must file a complaint with the Equal Employment Opportunity Commission. If the matter is not resolved, a civil lawsuit can then be filed.
