Women continue to make incredible strides in Corporate America but the harsh reality is that they may still be subject to Sexual Harassment. Unfortunately, success stories are overshadowed by the cruel realities women face in the workplace. In February of 2015, the Huffington Post reported that 1 in 3 women have been sexually harassed at work. These figures suggest that despite the progress women have made over the years, sexual advances, requests for sexual favors, inappropriate comments and sexual assault continue to plague businesses across the country.
Under Michigan law, there are two types of sexual harassment: (1) quid pro quo; and (2) hostile work environment. Under the quid pro quo theory, an employer may be held liable if a job benefit is predicated upon acquiescing to a sexual advance, or alternatively, if a person is fired, re-assigned to a less desirable position, or receives a cut in pay for refusing a sexual advance. An employer may be held liable for a hostile work environment if there is evidence of the following:
- An employee is subjected to unwelcome, sexually inappropriate remarks, innuendos, requests for sexual favors, or physical touching.
- The sexual harassment was severe or pervasive and had the purpose or effect of substantially interfering with the employee’s employment.
- The employer was notified by the employee of the sexual harassment and failed to take prompt and remedial action to prevent future harassment.
- Further sexual harassment occurred as a result of the employer’s failure to take adequate remedial action.
The Sexual Harassment attorneys at Moss & Colella have decades of experience handling sexual harassment cases. They recognize that women – and men alike – have a right to work in an environment free of sexual inappropriateness. Our attorneys have litigated, tried and settled sexual harassment cases for two decades. We have been recognized by DBusiness magazine as “Top Lawyers” in civil rights.