Sex Harassment

While both men and women can be sexually harassed, the majority of cases involve either men in positions of authority seeking sexual gratification from subordinate female employees or men in traditionally male professions creating a hostile environment for women who work with them.

Sexual harassment typically involves a woman being subjected to one or more of the following actions:

• unwelcome sexual advances
• acts of gender-based hostility
• a workplace environment or pervasive conduct that is offensive to other employees on the basis of gender, whether or not they are specifically targeted for harassment

Two basic legal types of sexual harassment allegations exist: "quid pro quo" (literally "something for something") and "hostile environment." In a quid pro quo case, the plaintiff must prove that she was forced to submit to sexual demands under threat of an adverse employment action, such as getting fired. Hostile work environment allegations require the plaintiff to demonstrate the following:

• that she is a member of a protected class (women)
• that she was subjected to unwelcome sexual harassment
• that the harassment was based on sex
• that the harassment affected a term, condition, or privilege of employment (the conduct must be severe and pervasive)
• that the employer knew or should have known of the harassment and failed to take prompt and effective remedial action

If you are experiencing discomfort at work due to sexually charged activity or conduct, research your company's sexual harassment policy and seek the advice of an attorney as soon as possible. Mehlman TerBeek LLP will advocate strongly for your rights in and out of court. To speak to an experienced attorney who understands your situation, call our office at 925-935-3575 today.