Liability of a Workplace for Sexual Harassment

Both sexual assaults and sexual harassment exist in the workplace, and employers can be held liable for both sexual assaults and sexual harassment. Sexual assaults or sexual harassment in the workplace can constitute a sexually hostile environment. This is a violation of Title VII of the United States Code, 42 U.S.C. § 2000e-2(a)(1), which prohibits discrimination against an employee on the basis of sex.

In order to prove a sexually hostile environment, a victim will need to prove that he or she suffered intentional discrimination based solely on his or her sex; the discrimination was pervasive and regular; the victim was detrimentally affected; the discrimination would also detrimentally affect another reasonable person in the victim’s position; and the employer’s management had actual or constructive notice of the harassment and failed to take prompt and adequate remedial action. If these elements are proven, then the employer can be held liable for the sexual assault and/or the sexual harassment.

Andreozzi + Foote has experience representing survivors of sexual abuse and sexual harassment in the workplace. If you or someone you know has fallen victim to sexual assault or sexual harassment in the workplace, and might need a lawyer or simply want some legal guidance, do not hesitate to call our office. We do not charge for phone consultations, and even if we cannot be of assistance we will do everything we can to help point you in the right direction.