No one should ever feel unsafe or degraded while trying to earn a living. If you are facing unwanted advances or a hostile environment, understand that you have protections under the law.
What counts as sexual harassment?
Employees who are facing discrimination can turn to the federal and state laws. Under Title VII of the Civil Rights Act of 1964 and the Missouri Human Rights Act (MHRA), these define sexual harassment as a form of sex discrimination. These laws generally classify harassment into two categories:
- Quid pro quo: Occurs when a supervisor or high-ranking employee conditions a job benefit on sexual favors
- Hostile work environment: Occurs when employee misconduct becomes severe or pervasive enough that it creates an abusive workplace for an employee
Sexual harassment can take many forms. Some of them can be unwanted touching, sexual jokes and requests for sexual favors.
Who is held liable?
The company is often legally responsible for the harassment occurring under its roof. However, the standard of fault changes based on who did the harassment.
If a supervisor’s harassment results in a tangible employment action due to your refusal, the company is liable. However, if there was no firing or demotion, the employer may avoid responsibility if they can prove they had a clear anti-harassment policy and took quick action to fix the issue. Additionally, they can use the affirmative defense if you unreasonably failed to use that policy.
If a co-worker or customer is the harasser, the company can be responsible if you can prove that the management knew or should have known about the incident and failed to take immediate action.
Taking control of your situation
Whether a supervisor or colleague harassed you, prompt reporting is legally critical. However, accomplishing this by yourself can be overwhelming. Consulting an experienced employment attorney can offer insights into your case. They may guide you through the legal process with personalized support, ensuring your rights remain protected.