Sexual Harassment and Sex Discrimination

Overview of Michigan Law

Under Michigan law, sexual harassment is considered a form of illegal discrimination.  It usually occurs when someone - man or woman - makes an unwelcome sexual advance. This offensive and unwanted conduct creates an uncomfortable, intimidating, and "hostile" workplace environment.

Legal Definition of Sexual Harassment

1. Submission to such conduct or communication is made a term or condition either explicitly or implicitly to obtain employment, public accommodations or public services, education, or housing.
2. Submission to or rejection of such conduct or communication by an individual is used as a factor in decisions affecting such individual’s employment, public accommodations or public services, education, or housing.
3. Such conduct or communication has the purpose or effect of substantially interfering with an individual’s employment, public accommodations or public service, education, or housing environment.

Sexual Harassment - Quid Pro Quo Harassment

Sexual Harassment - Hostile Work Environment

Hostile environment sexual harassment happens in a workplace, when an employer, supervisor, or co-worker does or says things that make the victim feel very uncomfortable because of his or her sex.  The harassment occurs, even if no one makes a specific demand for sexual favors.  Instead, the victim suffers harassment because she or he has to try to work in an intimidating, hostile, or offensive environment.

To prove a claim for hostile work environment, the harassment must be severe and persistent.  Evidence of an occasional offensive remark or sexual joke is not enough.  Courts often treat these infrequent comments as just “stray remarks.”

An employer is legally responsible for the harm caused by a hostile work environment, if the employer failed to take prompt and adequate remedial action, after it had reasonable notice of the harassment.  Generally, the victim of harassment should report it to management promptly, to given the employer notice and an opportunity to investigate the problem. 

Complex legal issues arise in claims for hostile environment caused by sexual harassment.  However, you do not have to put up with this form of workplace discrimination.

If you or a loved one has experienced hostile work environment employment discrimination, it is important to talk with a Michigan employment discrimination lawyer with experience in Michigan and federal employment law.  Please submit a simple, free and confidential legal consultation form now.  

Sexual Harassment – The Victims

• Men sexually harassed by women
• Women sexually harassed by women
• Men sexually harassed by men