Workplace sexual harassment claims can be made in two ways, either proving quid pro quo or a hostile work environment. A quid pro quo sexual harassment claim is when your supervisor or manager asks for sexual favors in exchange for promotions, pay, or other work-related benefits. Hostile work environment sexual harassment is when a coworker, supervisor, contractor, client, or vendor makes inappropriate sexual comments at work, raises sexual innuendo, or touches you in a sexual manner.
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Sexual Harassment FAQs
+ How do I prove a sexual harassment claim?
You must have evidence documenting the harassment and your damages. This may include communications from the harasser, your complaints and the company’s responses, your personnel file, your employee handbook, your employer’s sexual harassment policies, testimony from witnesses, and documentation of harassment-related damages.
In all cases, you can make a claim against the individual harasser. However, to make a claim against your employer, you must have proof that you told management and they did not take corrective action to protect you.
+ Can my employer fire me if I claim sexual harassment?
No. If your employer terminates you for making a complaint of sexual harassment, then you have a retaliation case in addition to your sexual harassment case.
+ Can I claim sexual harassment even if I quit?
Yes. You certainly can make a claim against the individual harasser. You can still make a claim against your employer if working conditions were so hostile that you had no choice but to resign – this is known as constructive discharge.
+ How much is a sexual harassment case worth?
This depends on the strength of your case, the amount of damages you’ve suffered, and ultimately on the ability of your employer to pay. While it is not possible to state what the average settlement for a sexual harassment case is, we will be able to better estimate the possible outcomes during your free consultation.
+ What is the statute of limitations for a sexual harassment case?
In Minnesota, you have one year from the date of last act of sexual harassment to bring a lawsuit or file a claim with the Minnesota Department of Human Rights. You have 300 days from the date of the last act of sexual harassment to file a claim with the Equal Employment Opportunity Commission.
+ What should I do if I’m experiencing sexual harassment at work?
Foremost, if your personal safety is not guaranteed and you feel physically unsafe at work because of sexual harassment, notify the police and don’t go back to a situation where you could be harmed.
Write everything down: all the incidents of sexual harassment; who harassed you or created a hostile environment, when it occurred, and where; when you told management or supervisors about the harassment, how you told them, and what actions (if any) they took; the names of employees that you think may have useful information; and the types of documents that you think may have useful information.
Gather documents: personnel files; employee handbook; any other letters, text messages, or emails from the sexual harasser (to prove hostility) and your employer (to prove no corrective action taken). You should send a written request to your employer requesting your personnel file, which must be provided to you under Minnesota law.