What Are the Elements of a Sexual Harassment Claim?

Whether you have been the target of sexual harassment in your workplace, or you work at a job where others are sexually harassed and the harassment has created a hostile work environment, you could be eligible to file a sexual harassment claim under Title VII of the Civil Rights Act of 1964 or under the Florida Civil Rights Act. If you are considering the possibility of filing a claim, you are likely wondering what you will need to prove in order to win the claim, and what the specific elements of a claim are for which you will need evidence.

While the experienced Palm Beach Gardens sexual harassment attorneys at Sconzo Law Office can assist you in identifying the specific elements of the claim you are filing and can assist you in gathering necessary evidence, we know it can be anxiety inducing when you do not know what to expect. The following are the general elements of the two types of sexual harassment claims that may be filed: quid pro quo harassment claim and hostile work environment harassment claim.

Elements of a Quid Pro Quo Sexual Harassment Claim 

Quid pro quo, or “this for that,” sexual harassment is a specific type of sexual harassment in which an employer (including a supervisor, manager, or other person in a position of power in the workplace) conditions benefits for an employee on sexual favors, or requires sexual favors for the employee to keep their job or certain benefits. Generally speaking, the following are elements of a quid pro quo sexual harassment claim:

• Person experiencing quid pro quo harassment is a job applicant or employee (i.e., employment relationship exists);
• Another employee demands sexual favors or conditions certain benefits on fulfillment of sexual favors; and
• Employee who has demanded sexual favors is in a position of power over the employee targeted.

Elements of a Sexual Harassment Hostile Work Environment Claim 

Hostile work environment harassment is another form of sexual harassment. This type of harassment can involve a very wide range of behaviors, including inappropriate language or image displays of a sexual nature, disparaging comments about a person’s sex or gender, sexual violence threats, lewd jokes or gestures, unwanted sexual touching, unwanted sexual advances, and conversation or communications of a sexual nature. A targeted employee or another coworker — both can be eligible to file this type of claim — must prove that the behavior is so severe or pervasive that it creates a hostile work environment. The elements of this type of claim typically include:

• Conduct involving language, images, or behavior of an inappropriate sexual nature or related to sex or gender (such as those discussed above); and
• Conduct is either so severe or so frequent that it creates a hostile or offensive work environment or results in an adverse employment action.

Contact a Palm Beach Gardens Sexual Harassment Attorney 

Sexual harassment in a workplace can cause untold harm. Not only can the employee targeted experience psychological and financial consequences, but the workplace can suffer, too, especially when the employer refuses to take action to stop the harassment or a supervisor or other person in position of authority is the one perpetrating the sexual harassment. If you have been the target of any form of sexual harassment in your workplace, or if sexual harassment of another coworker or coworkers has given rise to a hostile work environment at your workplace, you should find out about filing a claim. An experienced Palm Beach Gardens sexual harassment lawyer at Sconzo Law Office can learn about the details of your case and assist you with your claim.

Sources:

eeoc.gov/sexual-harassment

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/0760ContentsIndex.html

justice.gov/crt/what-you-should-know-about-sexual-harassment-workplace