Sexual Harassment

Michigan Sexual Harassment Lawyer

One of the most common types of employee lawsuits is a suit alleging sexual harassment. Sexual harassment in the workplace is prohibited by federal law, and most states (including Michigan) have their own laws that prohibit sexual harassment on the job.

To schedule a consultation with a lawyer regarding the hostile work environment which is making you uncomfortable at your office or construction site, contact Sommers Schwartz in Southfield.

Were you demoted after you reported or complained about a supervisor's or coworker's inappropriate behavior? If you were a victim of sexual harassment, you have legal recourse to remedial actions to stop the sexual harassment. You can also recover monetary damages from the employer for lost wages, benefits, and mental and emotional distress.

Sexual harassment cases have produced some of the largest jury verdicts in Michigan and across the country. Employment law attorneys of Sommers Schwartz are experienced and proficient at analyzing and litigating various types of sexual harassment cases including:

• Quid pro quo sexual harassment: when a supervisor uses his or her position of authority or power to cause a victim to suffer a tangible adverse employment action as a result of the victim's rejection or submission to the supervisor's unwanted advances, requests, or other sexual conduct or communication. This form of sexual harassment is most dangerous for the employer, because there is strict (automatic) vicarious employer-liability to the victim for damages caused by the supervisor's quid pro quo behavior.
• Hostile or offensive work environment sexual harassment: when coworkers or supervisors make unwelcome sexual advances, requests, or comments of a sexual, derogatory nature which are severe and pervasive enough to interfere with a victim's employment or create an intimidating hostile or offensive work environment. A victim must be able to prove that the employer knew, or should have known, that sexual harassment was occurring, and did not take prompt and effective remedial action to end the sexual harassment.

For either type of sexual harassment (quid pro quo or hostile work environment), the employee-victim must use any existing complaint procedure to give the employer formal notice and the opportunity to remedy the sexual harassment, if such policies and procedures exist and have been clearly communicated to employees. Employee handbooks, orientation, prominently posted notices, or in-service training may serve as means of notice to employees of such policies and procedures.

If an employee-victim has failed to utilize established complaint procedures and otherwise fails to notify the employer that sexual harassment is occurring, most federal and state courts are in agreement that the employer is not liable for the sexual harassment or damages suffered by the employee-victim.

Contact an experienced Michigan employment law attorney to schedule a consultation regarding alleged sexual harassment at your workplace.