Sexual harassment is a form of gender discrimination. There are two theories under which an employee may recover for sexual harassment. The first, “quid pro quo” harassment, occurs when any employee offers any job benefit, or threatens any job detriment, in exchange for sexual favors. In lay terms, this means that any time an employee promises, either expressly or impliedly, that career advancement may be linked to dating or sex, the law has been violated. 

The second type of sexual harassment is established when the workplace is permeated with discriminatory intimidation, ridicule and insult that is sufficiently severe or pervasive to alter the conditions of employment and create a “hostile” or “abusive” work environment. Both men and women may sue for sexual harassment.  This type of harassment most commonly manifests itself in numerous sexual or sexist comments, negative stereotypes about the victim’s gender, sexual jokes, propositions, lewd remarks or insults directed at one sex but not the other. If the comments are severe or frequent enough that the victim’s belief that his/her work environment is “hostile or abusive” is both objectively and subjectively reasonable, the law is violated.

At Fuller Jenkins we believe training management and employees on what constitutes unlawful sexual harassment and how to avoid it in the future.  On site training and role playing has become a very effective tool in avoiding these claims because when the employees understand the harms to the business and profits, they understand the direct link between these claims and their benefits.  While the law in this area is after difficult for employers to understand at times can even be contradictory, at Fuller Jenkins we will aid in understanding how to comply with the law thereby avoiding many of the claims that would arise.