Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, or conduct of a sexual nature (verbal, physical, or visual), that is directed toward an individual because of gender.

Reporting Sexual Harassment. No employee is required to work in an unwelcome sexually hostile work environment. Reporting such conduct is important and necessary. Once reported, the employer has an obligation to take prompt, effective remedial action to make it stop.

Severe or Pervasive Conduct. Not all forms of sexual harassment or hostile environment rise to the level necessary to permit legal action. To be subject to legal action, the sexually harassing conduct must be either severe or pervasive. The more severe the conduct (e.g., rape, sexual assault, groping), the less pervasive it must be to violate the law. On the other hand, less egregious conduct that occurs daily or weekly over a period of time also creates an illegal sexually hostile work environment. Also, in most cases, the employer itself (the company) is not liable unless it knows something is going on to create the sexually hostile environment and fails to stop it, which means that a complaint and request that the conduct stop is usually required.

It is not about “building a sexual harassment case.” It is about making sure the victim has taken the appropriate steps to put the employer on notice that unwelcome conduct is taking place and giving the employer the opportunity to cause the conduct to stop. If the employer fails to do so, it may be liable. Conversely, if the employee fails to report the offensive conduct, he or she may not be entitled to complain.

These cases usually require the guidance of an experienced employment lawyer to guide the employee through the appropriate steps. Consult such an attorney promptly. Specific time limits apply. If a claim is not asserted within those time limits, the right to damages may be lost. Consult an experienced employment lawyer without delay.

The above is not legal advice. It is offered for general discussion purposes only. For specific advice, all the facts and circumstances must be evaluated and analyzed by an experienced employment lawyer, who can then provide specific guidance and advice.