Even when unwanted sexual advances or comments have not occurred, a plaintiff may establish hostile work environment sexual harassment by showing her employer created an atmosphere that was severely demeaning to women. Widespread sexual favoritism in the workplace creates a hostile or abusive work environment. "Sexual favoritism" means that another employee has received preferential treatment with regard to promotion, work hours, assignments, or other significant employment benefits or opportunities because of a sexual relationship with an individual representative of the employer who was in a position to grant those preferences. To establish this type of sexual harassment claim, the plaintiff must prove all of the following:
- That the plaintiff was an employee of, or a person providing services under a contract with, the employer-defendant;
- That there was sexual favoritism in the work environment;
- That the sexual favoritism was widespread and also severe or pervasive;
- That a reasonable person in the plaintiff's circumstances would have considered the work environment to be hostile or abusive;
- That the plaintiff considered the work environment to be hostile or abusive because of the widespread sexual favoritism;
- That a supervisor engaged in the conduct, created the widespread sexual favoritism, or that the employer-defendant or its supervisors or agents knew or should have known of the widespread sexual favoritism and failed to take immediate and appropriate corrective action;
- That the plaintiff was harmed; and
- That the conduct was a substantial factor in causing the plaintiff's harm.
Not only is sexual harassment illegal. The law also prohibits:
- Racial harassment
- Religious harassment
- Age-based harassment
- Harassment based on disability
- Harassment based on ethnicity or national origin
- Retaliation
Most people are familiar with workplace sexual harassment claims. Harassment in professional, business, and educational relationships are also illegal.
Sexual Harassment Topics: