The Law on Sexual Harassment
Federal Law - Title VII of the Civil Rights Act of 1964, as amended and the Washington Law Against Discrimination -
Quid Pro Quo Sexual Harassment – an employee who has been asked to perform sexual favors in order to gain favor with the supervisor or employer in the form of a raise, promotion or some other employee benefit. In such a case the employee must show:
- 1. He/she was a member of a protected class
- 2. He/she was unwelcome to sexual advances or requests for sexual favors
- 3. He/she refused to submit to a supervisor’s sexual demands and it affected his/her employment status and
- 4. The harassing supervisor used his authority to subject the employee to adverse job consequences
Hostile Work Environment – an employee alleging sexual harassment based on a hostile work environment must show:
- 1. He/she was subject to unwelcome conduct
- 2. The harassment was based on sex and
- 3. The harassment was severe or pervasive and created an abusive working environment
The Law against Retaliation for Reporting Sexual Harassment
Title VII and Washington Law - Title VII and Washington law also prohibit retaliation against employees who file sexual harassment complaints. Retaliatory actions include: termination, suspension, demotion, reduction in salary, and any act that might dissuade a reasonable person from reporting sexual harassment.
Right to Recovery
In a sexual harassment case, a prevailing employee is entitled to recover the following damages:
- 1. Back pay – including wages and fringe benefits
- 2. Future earnings and fringe benefits
- 3. Emotional damages – no limit under Washington law
- 4. Expenses incurred due to the wrongful discharge – no limit under Washington law
- 5. Punitive damages – only under Federal Law when appropriate and limited to $300,000
- 6. Reinstatement if the employee was demoted or fired
If you believe that you have been the victim of sexual harassment, contact Tim or Ryan Pauley at the Pauley Law Group, pllc. Both are attorneys and practice in this area.
The material on this web site is for informational purposes only. We are not providing legal advice. Using this website does not create an attorney-client relationship between Pauley Law Group, pllc and the user or browser. You should contact the attorneys at Pauley Law Group, pllc directly to obtain legal advice or legal representation.
