Detroit Workers’ Rights Attorneys Fight Back Against Sexual Harassment at Work

Everyone has the right to work without hearing sexual comments, being groped by coworkers or bosses, or fearing for their safety. Both Michigan state law and U.S. federal law prohibit workplace sexual harassment.

Unfortunately, many people still face sexual harassment at work. Sexual harassment is not an isolated event. In 2023, the EEOC received more than 7,700 claims of sexual harassment. The agency estimates this number is only a fraction of the total instances of sexual harassment occurring in U.S. workplaces each year.

Workplace sexual harassment undermines an employee’s productivity and security. It can take many forms, ranging from inappropriate comments to outright assault. If you’ve experienced sexual harassment at work, talk to an experienced attorney. At Sommers Schwartz, P.C., our Detroit-based legal team is dedicated to helping our clients protect their right to a safe, harassment-free workplace.

Defining Workplace Sexual Harassment

Workplace sexual harassment may involve a job candidate, employee, or contractor. Sexual harassment involves unwanted conduct that is sexual in nature or related to a worker’s gender. Examples of sexual harassment at work include:

• Making unwanted sexual comments or advances toward another person.
• Requesting or demanding sexual favors from another person (often, but not always, connected to promises or threats).
• Saying offensive things about a person’s gender or sexuality, such as making disparaging jokes about women.
• Displaying explicit sexual images in the workplace.
• Touching someone sexually.

Sexual harassment becomes illegal when it is so frequent or severe that it creates a hostile or offensive work environment or results in an adverse employment decision, according to the federal Equal Employment Opportunity Commission (EEOC).

Sexual harassment is not gender-specific. A person who commits sexual harassment may be of any gender. Likewise, someone who experiences harassment by another may be of any gender. The perpetrator and the target may be of the same gender, or they may be of different genders.

Likewise, sexual harassment at work isn’t restricted to certain types of work relationships. It can occur between a manager and a subordinate. It can also occur between coworkers, clients, or customers.

Sexual Harassment and the Law

Title VII of the Federal Civil Rights Act prohibits sexual harassment as a form of discrimination based on sex or gender. The EEOC released its most recent guidance on sexual harassment in the workplace in 2024. This resource helps explain what conduct constitutes illegal harassment under federal law and when an employer may be liable.

Federal law states that “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature” rise to the level of sexual harassment if any of the following apply:

• The terms and conditions of the target’s employment depend on submission to the harassment.
• The employer makes employment decisions based on whether or not the target submitted to sexual harassment.
• The harassment unreasonably interferes with the target’s work performance or creates an intimidating, hostile, or offensive working environment.

Federal law also states that employers are responsible for sexual harassment in their workplaces. Employers are responsible for harassment if they “know or should have known of the conduct.” Once an employer knows about sexual harassment, it must take “immediate and appropriate corrective action.” If it does not, it may face legal penalties.

In Michigan, the Elliott-Larsen Civil Rights Act (ELCRA) prohibits workplace sexual harassment. The ELCRA defines sexual harassment as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communication of a sexual nature.”

Michigan law provides broader protection against sexual harassment than federal law. The ELCRA also prohibits sexual harassment when someone is trying to access public services, get an education, or find housing.

When Do Sexual Harassment Laws Apply?

Not all inappropriate jokes or awkward situations rise to the level of sexual harassment. If your employer steps in to remedy a situation quickly, and you don’t face problems afterward, you may not have a strong sexual harassment claim.

Both Michigan and federal laws apply when sexual harassment impacts your ability to work in some way. Some examples of situations that may support a claim include:

• Your boss threatens to (or does) fire or demote you because you refuse their sexual advances.
• You fear or dread going to work because you’ll have to endure repeated sexual remarks, crude jokes, sexual images, people exposing themselves, inappropriate touching, and other sexual behavior.
• When you speak up, you’re told that sexual comments or behavior are “just part of the job,” “the way we do things around here,” or “just having fun,” and that if you don’t like it, you should quit.
• You experience sexual assault of any kind.

While most workplace harassment involves supervisors or coworkers, an employer may be responsible for sexual harassment by other parties, too. Employers have a duty to provide employees with a safe workplace. If you experience sexual assault at the hands of a customer or dread working with a particular supplier due to their repeated sexual jokes, your employer may also be responsible. Once they know or should know about the harassment, they must address the situation and end the harassment. If your employer continues to allow these parties to harass you, they may be liable for harassment.

Types of Sexual Harassment

Sexual harassment claims fall into two categories: “quid pro quo” and “hostile work environment.” Both are illegal under federal and state law.

The Latin term “quid pro quo” literally means “this for that.” It describes sexual harassment situations when one person pressures another for sexual favors in exchange for something beneficial. Examples of quid pro quo claims include:

• A supervisor offers an employee a promotion in exchange for sexual favors.
• A manager tells an employee they won’t be promoted unless they provide sexual favors.
• A client implies that they’d be willing to spend more on a company’s goods and services if their service representative agrees to go on a date with them.

A “hostile work environment” claim isn’t usually based on an explicit offer. Instead, these claims involve the overall tone or culture of the workplace. Examples of a hostile work environment include:

• A group of coworkers regularly makes sexual jokes in your presence.
• You frequently encounter offensive or sexually explicit pictures or videos.
• Coworkers “accidentally” expose themselves where others can see.
• You experience unwelcome physical contact, especially of a sexual nature.
• You are threatened, ridiculed, called names, or told “jokes” that degrade your sex or gender, or you hear coworkers subjected to such comments.

To succeed in a hostile work environment claim, you must prove that the harassment is “severe” or “pervasive.”

• Severe harassment is often traumatizing. It may be only one instance if it is sufficiently bad to cause serious harm. An episode of sexual assault at work could be severe harassment.
• Pervasive harassment is a series of day-to-day comments and incidents that wear you down over time. While each comment, picture, or touch may be “no big deal” by itself, they create an overall environment of sexual harassment that interferes with your ability to work.

If you’re experiencing sexual harassment at your job, talk to an experienced Detroit workplace sexual harassment lawyer today. Our compassionate, dedicated attorneys can help you learn more about your legal rights and what you can do to protect yourself.

What To Do if You Need Help

Many workers may not file sexual harassment claims because they fear retaliation from their employers. Retaliation is illegal but common. Federal and state laws prohibit an employer from taking an “adverse employment action” against an employee for reporting sexual harassment. Adverse employment actions include demotion, termination, or re-assignment to less desirable shifts or jobs.

If you’re facing sexual harassment at work and reporting it to your employer is getting you nowhere, talk to an experienced attorney immediately. The EEOC gives a time limit of 180 days to file a harassment claim after the harassment occurs. Claims under Michigan’s ELCRA have different deadlines. To ensure you file your claim on time, don’t wait. Contact a lawyer who can help you navigate these deadlines.

Sometimes, the most challenging part of a sexual harassment claim is admitting what happened. Sexual harassment is never the fault of the person who experiences it. You have a right to a safe workplace where you can focus on your job rather than fending off quid pro quo situations or bracing yourself for a hostile environment.

To learn more about your rights and options, contact Sommers Schwartz, P.C. Our Detroit-based legal team is dedicated to helping our clients fight for the harassment-free workplaces they deserve. Schedule a free, confidential consultation today.