Many Colorado residents have been subjected to unwanted advances and inappropriate comments that are sexual in nature. These behaviors in a workplace setting constitute sexual harassment, which is illegal under Title VII of the Civil Rights Act of 1964.
If you have been subjected to sexual harassment on the job, you may have a legal claim against your employer for creating or allowing a hostile work environment. Employers may be held liable for the harassing behaviors of supervisors, employees, and other individuals at the workplace, particularly if they have not taken steps to remedy the situation.
Is all sexual harassment illegal in the workplace?
Sexually harassing someone at work is never appropriate, but not all inappropriate behaviors are illegal. Generally, to establish that the sexual harassment you are experiencing is unlawful, you must show that:
- Enduring the harassment is a necessary part of your employment.
- Your willingness or unwillingness to go along with the harassment has an impact on your employment.
- The harassment is intended to or has impacted your work performance, and therefore is causing a hostile work environment.
Employers have a responsibility to put a stop to inappropriate behavior before it rises to the level of harassment. If an incident occurs or a comment is made, the employer should put a stop to it before the behavior starts occurring regularly.
If an employer is found liable for a hostile work environment, it may owe the victim damages for back pay and future pay, lost benefits, emotional distress, and pain and suffering.