Sexual harassment remains far too prevalent:
Our experienced litigators are determined to eradicate sexual harassment in the workplace and obtain the maximum damages for victims of sexual harassment.
There are strong legal remedies to combat harassment. Indeed, a jury recently awarded $13 million to a single plaintiff in a sexual harassment/hostile work environment case.
To learn more about your rights, download our free ebook Sexual Harassment Survival Guide for Employees.
If you have suffered sexual harassment, call us for a free confidential consultation at (202) 769-1681 or 202-262-8959, or email us by clicking here.
Click here to see our videos answering frequently asked questions about discrimination and retaliation.
Eric Bachman is frequently quoted in the media about the rights of victims of harassment and workplace discrimination, including in these recent articles:
To see Eric Bachman’s in-depth interview about sexual harassment issues in the workplace, click below. The topics covered included:
We have substantial experience advising sexual harassment victims about their rights and vindicating those rights. Although every case is unique, the following frequently asked questions provide an overview of the key legal issues that often arise in sexual harassment cases.
Can an employer be held liable for customer sexual harassment? ExpandYes, courts have held that an employer may be found liable for the harassing conduct of its customers. The focus of the inquiry in a hostile work environment claim, as the name suggests, is on whether the workplace is replete with discriminatory intimidation, ridicule, and insult. Employers may be held liable in these circumstances if they do not remedy or prevent the hostile work environment about which they knew, or should have known.
What damages or remedies are available for victims of sexual harassment? ExpandSeveral different types of remedies are available under Title VII of the 1964 Civil Rights Act if you prevail in your sexual harassment claim, including:
Importantly, different federal, state, and local laws may apply to your case and may allow different types and amounts of damages (Title VII, for example, has a cap on the amount of compensatory and punitive damages you can recover).
What is a hostile work environment? ExpandA hostile work environment is another form of sexual harassment. A hostile work environment is one filled with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment.
Can a single incident of harassment suffice to establish liability? ExpandYes, a single act of severe harassment can be actionable in certain, limited circumstances. Examples include:
Quid pro quo harassment is a type of sexual harassment. “Quid pro quo” means “this for that” or “something for something” and is a particularly repulsive form of harassment. It occurs when a supervisor either conditions a job benefit on sexual favors, or punishes the employee for refusing to do so.
It can take many forms and one example is for a supervisor to tell a female employee that the only way she will get (or keep) the job is to have sex with the supervisor.
Quid pro quo harassment can also happen in less stark terms. For example, in the corporate setting a senior manager may dole out plum accounts or assignments, or even promotions, based on whether the female employee agrees to go out to dinner with him, on a date, etc.
What is workplace sexual harassment? ExpandIt is illegal to harass an employee because of that person’s sex. According to the Equal Employment Opportunity Commission (EEOC), this unlawful sexual harassment includes unwanted sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.
Mere teasing or isolated comments/incidents that are relatively minor do not rise to the level of illegal sexual harassment.
Harassment becomes unlawful when the conduct and/or statements become so frequent or severe that it creates a hostile work environment or results in an adverse employment action (for example, firing, demoting, or suspending the victim).
In a sexual harassment case, does it matter if it is a supervisor versus a co-worker who is harassing me? ExpandYes, the employer may automatically be liable if a supervisor’s harassment of an employee causes an adverse action such as termination, lost wages, or a suspension.
If a supervisor creates a hostile work environment for an employee (with no adverse action like being fired), then the employer can prevail only if it can prove:
If a non-supervisory employee harasses another employee, then the employer will be liable for the harassment if the employer knew, or should have known, about the hostile work environment and failed to promptly correct it.
Who is a “supervisor” in sexual harassment cases? ExpandA supervisor is an employee whom the employer has empowered to take tangible employment actions against the victim; that is, to make a significant change in employment status, such as hiring, firing, failing to promote, reassignment with significantly different responsibilities, or a decision causing a significant change in benefits.
How can employees combat harassment at work? ExpandTitle VII requires plaintiffs to file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) within 180 days of the alleged act of retaliation. 42 U.S.C. § 2000e-5(e)(1). The limitations period expands to 300 days where the plaintiff has filed a charge with a state or local agency that is authorized to grant or seek relief from the challenged practice. Federal employees seeking to remedy discrimination, harassment, or retaliation must contact an EEO counselor to initiate a complaint 45 days from the day the discrimination occurred.
What type of retaliation is prohibited against an employee who reports unlawful discrimination or harassment? ExpandThe anti-retaliation provision of Title VII proscribes not only tangible employment actions, such as termination of employment, but also any act that would “have dissuaded a reasonable worker from making or supporting a charge of discrimination.” Burlington Northern & Santa Fe Railway Co. v. White, 548 U.S. 52, 68 (2006). Note that retaliatory harassment does not require a showing that the harassment was severe or pervasive.
Is an employer prohibited from retaliating against an employee because the employee reported harassment? ExpandYes, opposing or reporting unlawful employment actions, including sexual harassment, is protected under Title VII. Indeed, employees are protected for reporting employment actions that are not unlawful but that an employee reasonably believes to be unlawful. And employees are protected against retaliation for reporting discrimination during an internal investigation.
What is an employer’s affirmative defense in a sex harassment case? ExpandThe employer is automatically liable and has no defense if a supervisor’s harassment of an employee causes an adverse action such as termination, lost wages, or a suspension.
However, an employer does have a defense (known as a Faragher/Ellerth defense) if a supervisor creates a hostile work environment for an employee (but no adverse action is taken against the employee, like being fired). Under this scenario, the employer may prevail if it proves:
Finally, if the situation involves a co-worker (non-supervisory employee) harassing another employee, then the employer will be liable for the harassment if the employer knew, or should have known, about the hostile work environment and failed to promptly correct it.
We are committed to obtaining the maximum relief for individuals who have suffered sexual harassment or suffered retaliation for reporting harassment. Damages or remedies can include:
Federal, state, and local employment discrimination laws provide a range of remedies to victims of sexual harassment, including lost pay (aka back pay), emotional distress, and punitive damages.
The table below identifies some of the larger verdicts or public settlements in harassment cases in recent years. These cases were handled by a variety of laws firms.
| Verdict or settlement | Case name, court, and year | Statute and claims | Summary |
|---|---|---|---|
| $168 million | Chopourian v. Catholic Healthcare West (E.D. Cal. 2012) | Title VII California Fair Employment and Housing Act (FEHA) * Sex harassment * Retaliation * Discriminat- ion | A 45-year-old surgical physician’s assistant brought a lawsuit against Catholic Healthcare West claiming she was subjected to a hostile work environment, sexual harassment, harassment, and wrongful termination. Ms. Chopourian was subjected to inappropriate remarks, sexual advances, and derogatory comments. When she complained about suffering mistreatment at the hands of other male employees, the defendant retaliated against her through defamation, false accusations, and unwarranted discipline. |
| $40 million (reduced from $95 million verdict) | Alford v. Aaron Rents, Inc. (S.D. Ill. 2011) | Title VII Illinois Human Rights Act * Sex harassment * Retaliation | Ms. Alford began working at Aaron’s as a customer service representative. Shortly thereafter, a male employee Moore began intentionally and inappropriately touching her, calling her degrading pet names, and making uninvited advances. Moore sexually harassed and sexually assaulted her on numerous occasions including an incident in the office restrooms where he pushed her onto the floor pulled her shirt up and masturbated on her. She ollowed company policy and tried to contact a sexual harassment hotline. She also spoke to multiple managers but her complaints went unnoticed. She was persecuted at work, feared for her safety, and was not given equal opportunities when applying for a promotion. |
| $20 million | Carlson v. Ailes, (N.J. Super. Ct. 2016) | NYC Human Rights Law * Sexual harassment * unfair compensation * retaliation | Ms. Carlson, a former Fox News Anchor filed a lawsuit directly at her former boss and the CEO and Chairman of Fox News for sexual harassment. Her claims included retaliation, unfair compensation, sexual harassment, and emotional distress. She filed an internal complaint against Steven Doocy for disparate treatment and harassment. Mr. Ailes retaliated against her by giving her less prestigious assignments and reducing her compensation. During this time, he alluded to restoring her status at Fox News in exchange for sex. She was awarded $20 million and Fox issued an apology on Mr. Ailes behalf. Following the lawsuit, other women came forward alleging Mr. Ailes committed multiple acts of sexual harassment. |
| $11.6 million | Sanders v. Madison Square Garden, L.P. (S.D.N.Y 2007) | Title VII New York State Human Rights Law New York City Human Rights Law * Sex harassment * Discriminat- ion * Retaliation | Ms. Sanders had joined the Knicks Basketball Operations in 2000. Her consistently positive performance reviews and hard work led to a promotion in 2002. In 2003, Isiah Thomas joined the organization as President of Basketball Operations. Ms. Sanders and Mr. Thomas met to discuss a conflict in their job responsibilities. Shortly thereafter, she received unwelcomed advances towards her and sexual harassment from Mr. Thomas. Other male employees and a basketball player were alleged to have made inappropriate comments about her and other female employees. Ms. Sanders brought suit for sexual harassment, discrimination, and retaliation. |
| $10 million | EEOC v. Dial Corp. (N.D. Ill. 2003) | Title VII Illinois Human Rights Act *Sex harassment * Discriminat- ion * Retaliation | Beverley Allen, an employee at Dial, filed a charge of sex discrimination with the EEOC against a co-worker Paul Allen. Her complaint alleged she was sexually harassed for 3 years between 1992-95 and that the company took retaliatory action against her after she reported sexual harassment. Furthermore, the complaint alleges Dial took no action to prevent future incidences and to create a friendly work environment. |
| $8.4 million (reduced from $10.6 million verdict) | Ingraham v. UBS Financial (Jackson County, MO 2011) | Title VII Missouri Human Rights Act * Sex harassment * Discriminat- ion * Retaliation | In 2008, Ms. Ingraham was subjected to sexual harassment at the hands of defendant and an employee James DeGoler. She filed a charge with the MCHR against UBS and DeGoler. UBS investigated the matter and decided there was no merit to her complaints. Later, Ms. Ingraham complained about sexual harassment and retaliation and upon UBS’s second investigation they came to a similar conclusion that there was no merit to her complaint. Ms. Ingraham decided to file a lawsuit in Jackson County and complained of sexual harassment, discrimination, a hostile work environment, and retaliation. |
| $8 million | Neal v. D.C. Dep't Corrections (D.D.C. 1997) | Title VII 42 U.S.C. 1983 * Sex harassment * Retaliation | Plaintiffs include 7 current and former female employees and one male employee. The complaint alleges sexual harassment, hostile work environment, retaliation, lost wages, and lost promotion opportunities. Plaintiffs alleged their employer retaliated against employees who complained of or reported sexual harassment. Moreover, they alleged the department was culpable of four categories of illegal behavior: 1) quid pro quo sexual harassment 2) sexual favoritism 3) Hostile Work Environment 4) Retaliation |
| $3.5 million (reduced from $7.1 million) | Weeks v. Baker & Mackenzie (Cal. App. Ct. 1998) | Title VII California FEHA * Sex harassment | Ms. Rena Weeks filed a lawsuit against her employer and a partner, Martin Greenstein, at the firm for engaging in sexual harassment. Ms. Weeks was subjected to uninvited sexual advances toward her. He would touch her inappropriately, stuff candies in her breast pocket, and comment on her appearance. Ms. Weeks was emotionally distraught and sought help from the law firm. His behavior had been ignored many times before and no strict action was taken. Upon filing a complaint with the EEOC and filing a lawsuit thereafter, Ms. Weeks learned Mr. Greenstein had a history of sexually harassing female employees at the firm. |
| $3.5 million | Frieders v. City of Glendale (Cal. Super. Ct. 2003) | Title VII California FEHA * Sex harassment * Retaliation | Three police officers filed a lawsuit against the Glendale Police Department and the City of Glendale for sexual harassment they were subjected to and retaliation for filing complaints. |
Bachman writes frequently on topics related to promotion discrimination, harassment, and other employment discrimination issues at the Glass Ceiling Discrimination Blog.
U.S. News and Best Lawyers® have named Zuckerman Law a Tier 1 firm in Litigation – Labor and Employment in the Washington DC metropolitan area. Contact us today to find out how we can help you. To schedule a preliminary consultation, click here or call us at (202) 769-1681 or (202) 262-8959.
SexualHarassment_Infographic_draft“When I sought out a DC-based attorney to represent me, I expected a competent attorney who would get me through my sexual harassment lawsuit. What I didn’t expect was to find someone like Jason: a truly outstanding attorney who made me feel like a priority, paid close attention to detail, and brought enormous expertise to the table. I chose to hire Jason to represent me after consulting seven other lawyers – and from day one, Jason was the only one who it clear that he actually cared about me and my case. I cannot be happier that I chose Jason. He represented me with professionalism and fearlessness every step of the way. Jason always made me feel like a priority, even though he was busy with other cases/clients simultaneously. He never rushed me or pressured me, and kept me “in the loop” the entire time while we were dealing with the opposing side.”
If you are a victim of harassment in Florida, see https://www.andrewpickettlaw.com/blog/what-is-considered-sexual-harassment-in-florida/ for information about Florida remedies for sexual harassment.
Sexual Harassment Cases Show the Ineffectiveness of Going to H.R
Poll: 7 in 10 Americans Think Sexual Harassment is a ‘Serious Problem’
Know Your Rights at Work: Workplace Sexual Harassment: AAUW
EEOC Sexual Harassment Regulations
Stopping Sexual Harassment: An AFSCME GuideSummary
We are a Washington, DC-based law firm that represents whistleblowers in whistleblower rewards and whistleblower retaliation matters and litigates discrimination claims on behalf of employees in the District of Columbia, Maryland, and Virginia. The firm is dedicated to zealously advocating on behalf of our clients to achieve justice and accountability.
Employment Lawyers Representing Corporate Executives and Senior Professionals We represent senior professionals in high-stakes employment…
OUR FIRM IS NOT HANDLING ANY CASES CONCERNING PUBLIC SECTOR OR PRIVATE SECTOR VACCINE MANDATES.…
Washington, D.C. SEC Whistleblower Attorney - Tier 1 Law Firm The SEC whistleblower attorneys at…
Washington D.C. whistleblower law firm Zuckerman Law has received a First Tier ranking in Washington…
SEC and SOX Whistleblower Attorney Named a Top Washington DC Whistleblower Lawyer Jason Zuckerman, founding partner…
