Dearborn Sexual Harassment & Abuse Attorneys

Skilled Sexual Assault Lawyers Offering Compassionate Representation

Survivors of sexual abuse or harassment face many challenges. They may have an understandably difficult time coming forward. They may fear retaliation, even though it is strictly forbidden under the law. However, reporting sexual abuse and harassment helps prevent an abuser from hurting others. Holding an abuser accountable for their actions can also help survivors rebuild their lives.

The Dearborn sexual harassment and abuse lawyers at the Michigan personal injury law firm of Sommers Schwartz, P.C., are dedicated to helping survivors obtain justice. We have nearly a half-century of experience handling complex and high-stakes sexual harassment and assault cases. We’ve recovered more than $1 billion for our clients, including $120 million in the last five years.

Sexual Harassment & Abuse Statistics

Unfortunately, sexual harassment is very common. It affects people of all ages and walks of life. Even in our modern society, statistics show that significant numbers of Americans experience harassment or abuse. A staggering 81% of women and 43% of men say they have experienced sexual harassment in their lives.

Sexual harassment often goes unreported, so it’s impossible to know the true scope of the problem. In surveys, anywhere from 25% and 85% of women report experiencing sexual harassment in the workplace. When employees report workplace harassment, they are often the victims of illegal retaliation.

The statistics relating to sexual abuse are even more sobering. According to RAINN, a non-profit organization combating sexual violence:

• Every 74 seconds, someone in the U.S. is sexually assaulted.
• One in six women in the United States has experienced completed or attempted rape during their lifetime.
• One out of every ten victims of sexual violence is male.

Victims of sexual harassment or assault in the workplace can bring a claim against their employer under both state and federal law. While Michigan law and federal law both protect workers against sexual harassment, there are slight differences in how courts interpret these claims.

What Is the Definition of Sexual Harassment Under Michigan Law?

Michigan’s law governing sexual harassment is called the Elliott-Larsen Civil Rights Act (ELCRA). This law 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 identifies two primary types of sexual harassment: quid pro quo and the creation of a hostile work environment.

• Quid pro quo harassment involves a scenario where sexual favors are demanded in exchange for job benefits.
• A hostile work environment involves unwanted conduct or communication of a sexual nature that substantially interferes with an individual’s employment or creates an intimidating, hostile, or offensive work environment.

The ELCRA is not a criminal statute. Claims under the ELCRA are “civil” violations. The law entitles a victim of harassment to file a lawsuit in civil court requesting compensation for the harm they suffered.

However, sexual harassment is also a crime. Non-consensual contact that causes significant mental distress or offense to a reasonable individual is a criminal offense under the Michigan Penal Code. These charges can only be brought by state or local prosecutors.

What Is the Definition of Sexual Harassment Under Federal Law?

Under Title VII of the Civil Rights Act of 1964, sexual harassment is considered a form of sex discrimination. The federal definition includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. Like Michigan law, it encompasses both quid pro quo harassment and creating a hostile work environment.

• Quid pro quo harassment under federal law refers to situations where employment decisions are contingent on the acceptance or rejection of sexual conduct.
• A hostile work environment involves circumstances where the conduct is so pervasive or severe that it alters the conditions of employment and creates an abusive work setting.

Key Differences Between Michigan and Federal Sexual Harassment Law

While both state and federal law protect workers from sexual harassment, there are a few key differences. For example:

• The ELCRA covers a broader range of employers, including smaller businesses not covered by federal law.
• The process for reporting and pursuing a sexual harassment claim differs between courts in Michigan and federal courts, including time frames for filing complaints and the specific agencies or courts that handle complaints.
• The criteria used to determine whether conduct rises to the level of sexual harassment vary slightly between federal and state interpretations.

If you’ve experienced workplace sexual harassment, you may have claims under both federal and state laws. An experienced attorney can help you understand your options and determine the best course of action.

Examples that might violate both Michigan and federal law include scenarios such as a supervisor demanding sexual favors in return for a promotion (quid pro quo) or an employee facing persistent, unwanted sexual comments or advances from colleagues that create an uncomfortable or intimidating work environment (hostile work environment).

In both cases, the plaintiff must show that the harassment would be considered offensive to a “reasonable” person. Both jurisdictions emphasize that the harassment must be either extreme or pervasive.

Pursuing Justice and Compensation for Sexual Abuse

In Michigan, sexual abuse covers any non-consensual sexual act. Thus, the definition isn’t limited to sexual intercourse. It encompasses a variety of behaviors, including sexual assault, sexual exploitation, molestation, and other sexual offenses. The focus is on the lack of consent. This may occur when:

• A victim was unable to give consent due to factors like being under the influence of drugs or alcohol.
• The victim did not give or revoked their consent.
• The victim was under the age of 16, making them legally unable to consent to sexual acts under Michigan law.

Michigan law provides both criminal and civil avenues for addressing sexual abuse. Prosecutors may charge an abuser with four degrees of criminal sexual conduct (CSC), based on the severity and specific nature of the abuse. Criminal charges can lead to jail time, fines, probation, and other penalties.

Although law enforcement takes sexual abuse seriously, criminal judges can’t award meaningful compensation to survivors. Victims of sexual abuse in Michigan have the option to pursue compensation for the harm caused by filing civil lawsuits. They can pursue claims against both individuals and entities responsible for the abuse. They may be able to hold institutions like churches, schools, or employers liable for failing to prevent sexual abuse.

The Michigan statute of limitations for filing a sexual abuse lawsuit varies depending on factors such as the age of the victim at the time of abuse and the circumstances surrounding the abuse. Recent changes in the law have expanded the statute of limitations, allowing more time for victims to file lawsuits.

Damages in Sexual Harassment & Abuse Cases

Sexual harassment and abuse cases often involve profound personal trauma. In these cases, plaintiffs seek compensation for financial, emotional, and psychological harm. These damages may include:

• Economic damages, like medical expenses and lost wages.
• Non-economic damages, such as pain and suffering and emotional distress.
• Punitive damages may also be awarded to punish egregious conduct and deter similar actions in the future.

Calculating damages in sexual abuse cases is complex. Economic damages, like medical bills or therapy costs, are quantifiable. However, assessing the real value of non-economic damages like emotional distress is more subjective and depends on the individual circumstances of each case. Factors that affect this valuation include:

• The severity and duration of the harassment or abuse.
• The physical and psychological impact on the victim.
• The effect on the victim’s personal and professional life.

Victims of sexual harassment and abuse often suffer long-term psychological effects, including anxiety, depression, post-traumatic stress disorder (PTSD), and other emotional traumas. These impacts can lead to loss of enjoyment of life and can severely affect personal relationships and career prospects.

Pursuing Justice and Compensation for Sexual Abuse

Settlements in sexual abuse cases not only provide financial compensation but can also include measures like counseling services, policy changes, or training programs to prevent future incidents. An experienced attorney can help structure a settlement that meets your needs and helps you achieve your goals.

Besides helping plaintiffs recover compensation for their losses, sexual abuse cases have a broader societal impact. They highlight the need for stronger policies and workplace training to prevent sexual harassment and abuse. They increase public awareness, which can lead to societal changes and stronger protection against future abuse.

Damages in sexual harassment and abuse cases represent a critical avenue for survivors to seek justice and healing. Holding wrongdoers accountable plays a vital role in promoting safer, more respectful environments in the workplace and society.

Compassionate Dearborn Sexual Harassment & Abuse Attorneys

If you or a loved one has been the target of sexual abuse or harassment, reach out to the dedicated Dearborn sexual harassment and abuse attorneys at Sommers Schwartz, P.C. Our dedicated team of highly experienced advocates cares deeply about our clients. We know what you’ve been through is traumatic. We take special care to be sensitive to your unique needs, prioritize your goals, and keep you informed during every step.

We also offer free, confidential, no-obligation consultations to all prospective clients. Contact us today to schedule a meeting to discuss your situation and learn more about your options.