Sexual Harassment Claims

A sexual harassment claim can result from conduct that creates an intimidating, hostile or offensive work environment that unreasonably interferes with work performance of an employee.  Sexual harassment claims require specific proof, including proof of unwelcomed conduct that affected an employee’s employment.  Employment is affected when a person is fired, demoted, not promoted or has a significant change in work benefits.  Sexual harassment can also result if an employer failed to take reasonable care to prevent the continuing harassment.  

Unwelcomed Sexual Advances

In determining whether harassment occurred, cases are examined on a case-by-case basis.  Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature can constitute sexual harassment when the conduct affects an individual's employment, unreasonably interferes with an individual's work performance or creates an abusive, intimidating, hostile or offensive work environment. 

Reporting Claims of Sexual Harassment to the Employer

The employer must be made aware of harassment by a co-worker for the conduct to become actionable and the employer is not held legally responsible unless an employee can demonstrate that management knew or should have known about the situation and had the opportunity to correct it.  Employers should have protocols in place for employees who wish to make complaints.  Depending on company organization, the situation may need to be reported to the Human Resources Department, the owner of the company, a supervisor or an employee hotline.  Missouri and federal law prohibit employees from being retaliated against for reporting or making sexual harassment complaints.  

The Legal Standard for Sexual Harassment

Courts are constantly re-defining "Sexual Harassment" and the Law Offices of Kevin J. Dolley remains up-to-date on all changes in sexual harassment and retaliation law to be best prepared to litigate sexual harassment and retaliation claims.

Claims that the Firm litigates include:

    ●  Physical conduct, such as touching, grabbing and assault;
    ●  Unwanted sexual advances; 
    ●  Offering employment benefits in exchange for sexual favors;
    ●  Making or threatening reprisals after a negative response to sexual advances;
    ●  Sexual gestures, displaying sexually suggestive objects or depictions; 
    ●  Verbal conduct, e.g., making or using derogatory comments, epithets, slurs or jokes;
    ●  Verbal sexual advances or propositions;
    ●  Verbal abuse of a sexual nature;
    ●  Graphic verbal commentaries about an individual’s body;
    ●  Sexually degrading words used to describe a person; suggestive or obscene letters; notes or 
        invitations;
    ●  Harassment based on gender, such as targeting a person for mistreatment.   

Contact our Labor and Employment Law Firm

To set up a consultation, please contact the Law Offices of Kevin J. Dolley at (314)645-4100 or by email at kevin@dolleylaw.com.  All legal consultations are held strictly confidential.  For experienced legal counsel in labor law, employment law and business law matters, please contact the Law Offices of Kevin J. Dolley.