Sexual Harassment

Sexual harassment may not result in a tangible adverse job action, such as a demotion or denial of promotion. Sexual harassment may be found when there is a hostile environment, such as when a supervisor interferes, in an unreasonable way, with an employee’s work performance, creating an intimidating or offensive environment for the employee.

 

Proving a hostile environment requires proof that the conduct was unwelcome and repeated and that the conduct was severe. Proving severity requires showing that anyone would be appalled by the conduct. As upsetting as it may be, one comment, such as teasing, or a date request, even a bigoted or crude comment, probably will not be enough to prove harassment. Courts look at the totality of the circumstances to determine whether the behavior crossed the line, such that it will find a hostile work environment. The more egregious the behavior, the fewer number of comments are needed, and the more likely the behavior will be found to create a hostile work environment. Courts have found that a single extreme act is sufficient. For example, a sexual assault will likely be enough to find the supervisor guilty of sexual harassment. A workplace with teasing, horseplay, banter or comments of a sexual nature is ripe for a hostile environment claim.

Sexual harassment is defined in Conn. Gen. Stat. §46a-60(b)(8) as any unwelcome sexual advances or request for sexual favors or any conduct of a sexual nature when:

 

(A) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

(B) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or,

(C) such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.

 

In the following cases, the court found that hostile work environment discrimination was present:

 

• A supervisor sexually propositioned an employee, grabbed her breasts, and asked her in front of others why she would not have sex with him. Gerald v. Univ. of P.R., 707 F.3d 7 (1st Cir. 2013)

• A supervisor grabbed the plaintiff’s breasts, lifted her, and rubbed her body against his. Berry v. Chi. Transit Auth., 618 F.3d 688 (7th Cir. 2010)

• References to the employee as “fucking whining cunt” who was hired because she performed oral sex. Howley v. Town of Stratford, 217 F.3d 141 (2d Cir. 2000)

• Nude photos of women in provocative poses in the workplace. Hoyle v. Freightliner, LLC, 650 F.3d 321 (4th Cir. 2011)

 

Sexual harassment can also be found relating to members of the same sex. For example, a court found a hostile work environment in the following case:

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• A man can sue for sexual harassment by other men under federal sexual harassment laws. Oncale v. Sundowner Offshore Services, 523 U.S. 75, 118 S.Ct. 998 (1998)