Michigan’s Elliott-Larsen Civil Rights Act defines workplace sexual harassment as a type of sex discrimination. The law describes three types of situations that count as sexual harassment. The first involves an authority figure pressuring a worker to tolerate sexual conduct to keep their job. The second occurs when an employee’s acceptance or rejection of sexual conduct affects job decisions like hiring or pay rates. The third covers unwelcome sexual behavior that interferes with the person’s work or creates a hostile or offensive work environment. This type of harassment is both unethical and unlawful. Workers have the right to take legal action when workplace sexual harassment affects their jobs.
Quid Pro Quo vs. Hostile Work Environment Harassment
Michigan courts recognize two main forms of workplace sexual harassment: quid pro quo and hostile work environment harassment. Quid pro quo harassment happens when a supervisor ties an employee’s job benefits or conditions to their acceptance of sexual conduct. For example, a manager might commit quid pro quo harassment by offering a raise in exchange for a date. Hostile work environment harassment occurs when repeated or severe sexual misconduct makes a workplace intolerably intimidating or offensive. In Radtke v. Everett, the Michigan Supreme Court confirmed that both types of harassment are violations of the Elliott-Larsen Civil Rights Act.
Examples of Workplace Sexual Harassment in Metro Detroit
Sexual harassment can appear in many forms, and not all of them are obvious. Below are examples of actions that often meet the legal definition of workplace sexual harassment and form the basis for civil claims in Michigan:
- A supervisor demanding sexual favors in exchange for better pay or job assignments
- A coworker making repeated sexual jokes or comments about a colleague’s body
- An employee sharing explicit messages or photos through workplace channels
- A manager touching or brushing up against another employee inappropriately
- Someone spreading rumors about a coworker’s sex life to embarrass or pressure them
- An employer ignoring complaints about unwanted advances or touching
Who Can Be Held Responsible for This Kind of Harassment?
Under Michigan law, employers and individuals can both be held responsible for workplace sexual harassment. In both quid pro quo and hostile work environment claims, an employer can be held responsible if it knew or should have known about the harassment and failed to act. Employers must take prompt corrective steps once they learn about this kind of problem. They cannot ignore complaints or leave employees unprotected. Workers can also bring claims against individuals who engage in or encourage harassment.
Contact a Michigan Sexual Harassment Attorney Now
If you have experienced sexual harassment at work, the sexual harassment attorneys at Fagan McManus, P.C., can review your situation and help you explore your options under Michigan law. Contact us today to arrange your free consultation and learn how we can help you take action.
