Hostile Work Environment Sexual Harassment

While it has long been recognized by American courts that quid pro quo sexual harassment is not legal and is reason enough to punish an employer, the various courts in the United States have been much slower to recognize hostile work environment sexual harassment. In terms of being recognized by the courts, this type of harassment is fairly new.

Hostile work environment sexual harassment does not require any sort of trade between a supervisor or employer and subordinate or employee. It only requires that someone or something about the company creates a work environment that the employee feels constitutes harassment. Many types of behavior have been included in this area. Some common problems include sexist comments or remarks, lewd remarks, hanging inappropriate calendars, and many other behaviors.

In this type of sexual harassment claim, it is imperative that the employee seeking an end to this harassment be able to show that he or she went to the employer and reported the behavior. If the behavior does not stop after the employee speaks with the supervisor or employer, the company leaves itself open to a sexual harassment lawsuit.

A hostile work environment lawsuit may not go forward if the employer didn’t know that the actions of various employees were making the harassed employee feel harassed or feel as though he or she couldn’t accomplish any work in the environment. Without knowledge, the employer can’t put an end to the behavior.

Both types of sexual harassment are recognized by the courts. Hostile work environment harassment, however, is a much newer area of law than the quid pro quo variety.

Contact a San Antonio Employment Lawyer

If you have been a victim of sexual harassment in the workplace, contact the San Antonio employment lawyers of Melton & Kumler, LLP at 1-800-681-6932.