Sexual Harassment Charges and Penalties

Sexual harassment is not usually a crime. Instead, someone who experiences sexual harassment in the workplace can sue the responsible company or individual, seeking financial compensation for whatever losses resulted from the harassment. If, however, harassment involves unwanted touching, the victim might be able to press criminal assault charges.

Employers are responsible for keeping the workplace free of sexual harassment, which is a form of sex discrimination. This is required by both federal law (Title VII of the Civil Rights Act, which applies to public and private employers with at least 15 employees) and each state’s law.

Types of Sexual Harassment

Sexual harassment is any unwelcome sexual advance or conduct that creates an intimidating, hostile, or offensive working environment—in other words, something an employee shouldn’t have to put up with at work. In the workplace, sexual harassment is often classified as either “quid pro quo” or “hostile work environment” harassment.

Quid pro quo (“something for something”) sexual harassment exists when an employer, supervisor, or other employee implies that sex is a prerequisite to obtaining a benefit in the workplace, such as a position, advancement or a promotion. The conduct must also be unwelcome and offensive.

A “hostile work environment” is created when an employer, manager, supervisor, or fellow employee engages in conduct of a sexual nature that makes another employee feel uncomfortable. One offhand remark doesn’t create a hostile environment, but harassment that is so frequent or severe that it creates an offensive work environment is illegal. Types of conduct that have been deemed to create a hostile work environment include:

• sexually explicit jokes posted in an office or company intranet
• sexual pictures displayed in the workplace
• sexually explicit email
• unwelcome touching or rubbing
• leering
• offensive comments about one sex in general
• offensive sexual innuendo
• repeated requests for dates

What Harassed Employees Can Do

An employee who experiences harassment at work may file a discrimination charge, under federal law, with the federal Equal Employment Opportunity Commission (EEOC). In some states, the employee might want to file a claim with the comparable state agency—but many states do not authorize payment of compensation for harassment. 

If the EEOC determines that there has been illegal harassment, the remedy it orders will depend on the discriminatory action and its effect on the victim. For example, if someone had been denied a job or a promotion, the EEOC might order that the person be given the job, plus back pay and benefits. The victim might also receive reimbursement for out-of-pocket costs of looking for another job, attorney's fees, expert witness fees, and court costs. If the discrimination was intentional and egregious, the victim might get what are called “punitive damages”—an amount intended to punish the employer. Finally, the victim might get compensation for emotional harm that resulted from the illegal discrimination.

There are limits on the amount of compensatory and punitive damages a person can recover, depending on the size of the employer:

• 15-100 employees: $50,000.
• 101-200 employees: $100,000.
• 201-500 employees: $200,000.
• more than 500 employees: $300,000.

An employee who has filed a charge with the EEOC may also sue the employer. An employee who sues under Title VII of the Civil Rights Act can ask the court for:

• reinstatement of a job
• a promotion that was illegally denied
• compensation for lost wages
• attorney’s fees
• punitive damages—money the employer must pay for intentional wrongdoing.

A court can also order the employer to institute policies to prevent future sexual harassment of employees.

Criminal Penalties for Sexual Harassment

Unwanted touching of another person may result in assault or battery charges, depending upon the circumstances. If so, a conviction could result in months in jail and a substantial fine.

Help from an Attorney

Employment law can be complicated, and if you are involved in a sexual harassment matter in your workplace, it is a very good idea to consult an attorney with experience in employment law.