Have you been sexually harassed?

Sexual harassment is a form of sex discrimination that violates federal and state laws. It is legally defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. Generally there are two types of sexual harassment; quid pro quo and hostile environment. Quid pro quo is a Latin term meaning essentially, “You scratch my back and I will scratch yours” or “If you don’t scratch my back, I will take action against you.” When submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, it is Quid Pro Quo. Hostile environment generally is associated with an atmosphere that is degrading based upon sex or other protected when it unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment.

Hostile Environment?

We get many calls complaining of “hostile environment” when a boss or co-worker treats you badly or in a degrading fashion. An employer can be unfair and unreasonable and even abusive and while no one could argue that the atmosphere was not hostile, it was not based upon the protected category such as sex, age, race, religion, national origin, mental or physical condition. Therefore, if a supervisor went around calling a 60 year old man or woman, “oldie,” “relic”, you are tool old to do this job, you are slow because of your age, etc, such comments could constitute hostile environment. Therefore any hostility against any of the protected categories (age, sex…) can be hostile. Merely being mean or a jerk does not make it illegal.

Sexual harassment can occur in a variety of circumstances, including but not limited to the following:

• The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.
• The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.
• The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
• Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
• The harasser's conduct must be unwelcome.

Many people, including some misinformed attorneys believe that if there are no witnesses and it is one person’s word against another, that you do not have a case. Sexual harassment without witnesses doesn’t mean it didn’t happen and isn’t actionable. I have had many client come to me whom other attorneys have told them they don’t have a case because it was their word against their boss’s word. While that may make a case harder to prove, it depends upon many, many facts and most harassers are repeat harassers meaning they have left a string of victims in their past who may be helpful.

If you are being harassed, you must let the person know the conduct is not welcome. Many people, whose supervisor is the harasser are afraid to say anything like that for fear of retaliation, yet it is those simple words that protect you from that. If any employer takes action against an employee for complaining or for saying the conduct is unwelcome, that is a double no-no as it not only constitutes harassment but retaliation if the person is fired, demoted, disciplined, given less favorable work conditions etc.

When in doubt, call. It is free and a simple call may often keep you from making silly mistakes that cannot be undone.

Finally, always be aware that physical touching of a sexual nature is a crime and also constitutes assault. Victims of physical touching on their breasts or other private areas often have far more serious claims due to the damages. In most cases that I have seen, victims suffer post traumatic stress including trouble sleeping, crying more easily, loss of weight or hair, wanting to be away from people, depression and anxiety when thinking about having to go to work. If you are suffering, call and get help immediately.

Contact Us

If you need the assistance of a Maryland sexual harassment lawyer that is dedicated to making high quality legal services available to everyone, please contact Singleton Law Group at 410-902-0073. We are committed to serving the long-term needs of each of our clients. Our Baltimore, Maryland area law firm is based in Owings Mills, Maryland and we serve clients throughout the Baltimore metropolitan area including:

• Owings Mills, Maryland (21117)
• Towson, Maryland (21204, 21252, 21284, 21285, 21286)
• Baltimore County, Maryland (21250, 21251, 21252, 21282, 21284, 21285)
• Anne Arundel County, Maryland (Baltimore, 21012)
• Howard County, Maryland
• Carroll County, Maryland
• and every other county in Maryland