An employer commits sexual harassment when he subjects an employee to unwelcome verbal, nonverbal or physical conduct of a sexual nature that adversely impacts the victim’s employment, impacts the employee’s work performance or creates a hostile work environment.  Equal Employment Opportunity Commission (EEOC) statistics show that sexual harassment in the workplace continues to be a significant problem.  The EEOC resolved over 11,000 sexual harassment claims in 2007 resulting in $47,400,000 in compensation for employees that were victims of sexual harassment.  If you are a victim of sexual harassment in the workplace, a top Maryland sexual harassment lawyer can file an action for sexual harassment seeking compensation for an employer’s inappropriate sexual comments or conduct.

Important Sources for Sexual Harassment Law

Title VII of the Civil Rights Act of 1964 prohibit employers from discriminating against employees based on race, color, religion, sex or national origin.  This prohibition includes sexual harassment and applies to most employers with more than 15 employees including private and public employers, labor organizations and employment agencies.  Title VII also bars retaliation against an employee for refusal to consent to sexual harassment.  Congress created the Equal Employment Opportunity Act in 1972, which created the Equal Employment Opportunity Commission (EEOC) which is charged with the responsibility of enforcing Title VII.  Pursuant to this goal, the EEOC has enacted regulations defining and prohibiting sexual harassment. (29 C.F.R. Part 1604.11).

The Civil Rights Act of 1991 extended additional protections to employees from sexual harassment.  The statute makes punitive damages available for intentional discrimination including sexual harassment and permits the court to make an award of attorney’s fees. 

Many states have enacted specific state laws that provide even more extensive sexual harassment protections then federal law.  Title VII and many state laws provide for an administrative process and remedies and require exhausting these administrative remedies before filing in court.  These administrative processes can have very particular procedures and filing deadlines.  A Maryland sexual harassment lawyer will be familiar with these filing requirements and deadlines.

There are two types of sexual harassment under Maryland sexual harassment law and federal law, which includes the following:

Quid Pro Quo Sexual Harassment

Quid pro quo sexual harassment occurs when an employer compels an employee either explicitly or implicitly to submit to unwanted sexual advances or verbal or sexual conduct as a condition of employment.  The Supreme Court first identified this form of sexual harassment in Williams v. Saxbe, 413 F.Supp. 654 (1976).  An employer engages in this type of sexual harassment when he forces an employee to submit to sexual conduct or advances to obtain or maintain the employee’s position, job benefits or a promotion or raise.   The employer literally conditions employment or employment benefits on the employee’s willingness to submit to unwanted sexual advances.  Even a single incident can be the basis of a quid pro quo sexual harassment action.

Hostile Work Environment

An employer engages in this type of sexual harassment when he engages in unwelcome verbal or physical conduct of a sexual nature that unreasonably interferes with an employee’s work performance or creates an intimidating, hostile or offensive work environment.  The Supreme Court in Vinson v. Merit One Savings Bank, 477 U.S. 57 (1986) first recognized hostile work environment claims and set forth the type of factors a court must consider to determine if a hostile work environment exists.  A court will consider the nature of the acts that occurred, where and how often they occurred and the frequency and seriousness of the alleged acts.  A hostile work environment can be created by the inappropriate comments or behavior of anyone in the work environment including supervisors, co-workers, clients, etc.  Hostile work environment claims unlike quid pro quo claims typically require a pattern of conduct as opposed to a single isolated act.

If an employee is terminated because the employee refuses to submit to sexual harassment, the employee may be able to sue for sexual harassment and/or wrongful termination.  The employee does not have to actually be terminated by the employer to bring a claim for wrongful termination.  If an employee leaves the employment relationship to avoid discriminatory sexual harassment, the employee’s termination can be characterized as a “constructive termination.”

If you have been the victim of sexual harassment, a top Maryland sexual harassment lawyer can assist you in navigating both federal and Maryland employment law.  To bring a sexual harassment suit, you need a Maryland employment lawyer to assist you with the strict timing and procedural requirements.  If you need a Maryland sexual harassment lawyer to assist you with your sexual harassment case, click here.