Minneapolis Sexual Harassment Trial Lawyer

Sexual Harassment Claims in Employment Law

There are two types of workplace sexual harassment in Minnesota: quid pro quo and hostile work environment. The former refers to situations in which a manager or employer offers something in return, such as a salary increase or promotion, in exchange for sexual favors. The latter occurs when there is pervasive conduct, whether physical or verbal, that is sexual in nature. It could also include gender slurs, sexual jokes, or threats made on the basis of a person’s sexual orientation. Under federal, state, and even local law, you may have a claim against your employer or coworker if you have been subject to sexual harassment in the workplace. Consider hiring a Minneapolis employment lawyer if this is the case. Minnesota law considers sexual harassment as a form of sex discrimination, which makes it illegal. Here is an overview of sexual harassment under the employment law in Minnesota.

Quid Pro Quo

Being the most commonly recognized form of sexual harassment, this occurs when any form of job benefit, ranging from a raise or reassignment, to a big promotion, is offered in return for sexual favors. If you find yourself in this situation, or if you think that having rejected a sexual demand from a manager or authority figure is the reason you were fired or didn’t get hired, then you have the right to file a claim.

Quid pro quo is a very specific form of sexual harassment, regardless of the nuanced motivations behind it. Whether you refuse or accept the contingent exchange, either option may be to your detriment.

For a legal consultation with a sexual harassment lawyer serving Minneapolis, call 612-349-2729

Hostile Work Environment

Another form of sexual harassment in the workplace occurs when there is a pattern of harassing conduct or behavior, which then creates an intimidating or hostile work environment. To successfully prove a claim, you need to demonstrate that the sexual advances are unwelcome and that they are pervasive and severe enough to make you feel uncomfortable and embarrassed at work.

The best way to handle a hostile work environment case is to immediately notify management. Unlike quid pro quo claims, a hostile work environment may be harder to prove, as the court will have to consider the work environment as a whole. When building your case, consider the condition of your coworkers. Do they have the same experiences as yours? Do they feel compelled to leave the company because of similar circumstances?

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How Do I Prove Sexual Harassment?

Sexual harassment in the workplace is considered one of the most difficult charges to prove, mainly because it ends up being a case of your word against the harasser’s, especially when there are no witnesses to help you prove your claim. Nevertheless, you should still take action and fight for justice so you can return to your normal life, as soon as possible.

Having fierce employment lawyers in Minnesota by your side is the key to building a strong case. But before you initiate any legal action, there are several steps you can take to make your evidence indisputable and to improve your odds of winning the case.

1. Record your experiences in detail – whether the harassment is a one-time or a regular thing, document each experience in great detail, from the date, time, location, to other minute aspects that may support your case and counter the version of events that your harasser or employer may provide.
2. File an internal complaint – notifying management is an essential first step when confronting sexual harassment in the workplace. Employers are well aware of the repercussions of not taking action when an employee files a report. If they don’t launch an investigation right away, they will need to face the legal consequences once you take your case to the EEOC.
3. Save any correspondence with the harasser – collect whatever evidence you can get to prove your claim. This could include emails, text messages, or written notes that are either downright offensive or may show sexual subtexts.
4. Gather as much support for your case – support can come from different sources, including witness assessments, statements from other victims, or conversations and other documentation that may be critical to supporting your case.
5. File a report with the EEOC or Minnesota Department of Human Rights – if the harassment ensues and your employer fails to do anything about it, it’s time to bring your case to the EEOC or MDHR.

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What are Examples of Sexual Harassment?

Sexual harassment means and covers many things under federal and Minnesota law. Your boss can’t offer you advances in your career in exchange for sexual favors. Nobody can make comments about your appearance, your body, your sex life, your partners, or your sexual preference. Of course, sexual harassment also includes sexual advances, comments, touching, groping, patting, rubbing, or grabbing. Basically, a good general rule is that if it makes you feel uncomfortable or scared, there’s a good chance that you’re being sexually harassed.

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Constructive Discharge Because of Sexual Harassment

It is a sad reality in the US that victims of sexual harassment choose to keep mum about their suffering rather than confront it and seek justice. There have been several cases of victims quitting their jobs instead of notifying their managers or filing a sexual harassment case. The term for this situation is “constructive discharge.” And under federal and state laws, being forced to quit because of unlawful working conditions can give you a strong claim for constructive discharge.

In the case of sexual harassment, if you notified management but their inaction made you quit, or your harasser made your working conditions deplorable and management didn’t do anything about it, you have high chances of winning the suit and recovering monetary damages from your employer. To prove that your discharge was illegal and to know if you have strong legal claims, you will need help from experienced sexual harassment attorneys.

How much is My Sexual Harassment Case Worth?

There are different factors that might influence the total monetary value of your case, but here are the main considerations:

• The strength of your case on the merits – this refers to how strong your case is against the harasser and/or your employer
• The offensiveness and egregiousness of the hostile work environment – the jury may award you with damages depending on the severity of your experience. Your case will be weightier, the worse the conduct was and if management knew about the abuse but did not act on it or even participated in it.
• The amount of damages you’ve suffered – on top of emotional suffering, sexual harassment can result in wage loss. The victim may have to seek medical care and counseling, which translate to more monetary losses, especially if the victim doesn’t have private insurance.
• Whether your employer has the ability to pay a large amount – big corporations would usually pay a large settlement to avoid the courtroom. The value of your case may be higher the more resources the company has.
• Your tolerance for risk – the value of your case will also increase the bigger the risk you are willing to take. Most sexual harassment cases take over a year before litigation begins, so the more willing you are to pursue the case, the higher the value will be.

What Kind of Damages Can I Get in a Sexual Harassment Case?

Being subjected to unwanted sexual advances from a fellow employee or authority figure can have several implications on a person’s personal and professional life. Whether you submitted to the inappropriate requests or did not and, as a result, got fired, you should still file a claim and seek legal assistance. If you file a claim and the evidence is strong, you may recover the following compensatory damages:

• Emotional distress – this refers to the emotional harm your employer or coworker’s harassment has caused you, but Minnesota courts may have to prove if the emotional distress is serious enough or if it is the direct result of the harassment.
• Medical bills – sexual harassment, no matter the degree of severity, can cause real emotional anguish on the victim. It may result in traumatically induced neurosis, chronic depression, or phobia, all of which may possibly require psychological care or regular counseling well into the future. If you’re in a similar situation, then you may claim damages for medical expenses.
• Lost wages – if you miss work or claim constructive discharge as a result of being sexually harassed at work, you may be entitled to recover wages and benefits and other compensatory damages.
• Punitive damages – in circumstances where the harasser’s conduct is particularly offensive and malicious and shocks the jury’s consciousness, your may recover punitive damages, including a reasonable portion of your attorney’s fees and costs. If you win the case and your employer is held liable, your employer will need to pay all your legal expenses.

What’s an Average Settlement for a Sexual Harassment Case?

• We represented a female firefighter who endured gender discrimination and sexual harassment. Male employees, including supervisors, targeted her and made her the subject of a ruthless stream of sexual comments, innuendos, touching, and ultimately – grabbing. Her supervisors ignored or brushed aside her complaints. Male firefighters told her that her “ass looks nice” when she exercised and told her how good she looked “bent over.” They made comments about her breasts and said that they should lower the room temperature to make her nipples show. This case settled without filing a complaint: the defendants paid $100,000.
• We represented an office worker who endured awful, sexually-laced comments from her supervisor. Because it was her supervisor, the employer was liable and the employee didn’t need to report it to management. Her supervisor bragged to her about his sexual endurance; made vulgar comments about her body; told her to give him lap dances; told her that she should leave her fiancée for him; and tried to get her to watch pornography on his phone. We litigated this case all the way through summary judgment. After we beat the employer’s motion to dismiss our case, they settled for $160,000.

What is the Statute of Limitations for a Sexual Harassment Case?

• Unlike other states where sexual harassment claims have a six-year statute of limitations, Minnesota courts only give you a year from the date you’ve been sexually harassed to file a claim or bring forth a lawsuit.  With the Equal Employment Opportunity Commission, you only get 300 days from the date of the last sexually harassing act to file a claim. This is why you should move quickly and hire an attorney, immediately, so you can build a strong case and improve your chances of achieving the best outcomes.

What Should I Do If I’m being Sexually Harassed?

The first thing you should do the moment you experience sexual harassment is to notify your supervisor or HR manager and a trustworthy coworker. First of all, you will need a few people as witnesses when you file a claim; secondly, employers are responsible and can be held accountable if they don’t take appropriate corrective action, right away. 

However, if it’s a manager or supervisor who’s sexually harassing you, then your employer is automatically liable. You should tell someone if you fear for your personal safety, but you don’t need to notify anyone in order to protect your legal claim.

Call a Trusted Sexual Harassment Attorney in Minnesota

If you’re looking for a fierce sexual harassment attorney in Minnesota who will aggressively champion your case and help you collect just compensation for the harassment you suffered, contact Madia.

You must act quickly when it comes to employment claims. If you wait, there may be strict statutes of limitation that will bar you from filing any claim at all against your employer. Call Madia today to discuss your case.

First, contact our office and tell us about your situation. You’ll talk with our staff for about 5-10 minutes. They’ll get some basic information about you and your case.

There’s some information that we’ll need when you call. We will want to know who you worked for, what kind of work you did, for how long worked there, how much you earned, if/when you were terminated, the reason given by your employer for any discipline and termination, and why do you think your employer did something unlawful or wrongful. If you have this information handy, it will allow us to proceed more quickly.

We will get back to you shortly – usually within a few hours. If your potential case is a little outside of our wheelhouse, we may refer you to attorneys, agencies, or organizations that we think might be better suited to handle your situation. Our goal is to ensure you get the best and most appropriate help possible for your particular situation. If that’s not us, we’ll try to tell you immediately and point you in the right direction.

If we think that we might be able help you, we’ll set an appointment for you to talk with one of our employment lawyers. We’ll discuss your case, and give you our honest assessment of its strengths, weaknesses, and value. If we then mutually agree that Madia will represent you, we will talk about the process of moving forward with your case.

When you talk with our employment lawyers, please be sure to have all relevant documents that you have in your possession. For example, that could include:  pay-stubs, personnel files, employment handbooks/policies, letters from your employer (including your termination letter), any text messages or emails that you think are important, and any other documents that you think might be helpful.

Call 612-349-2729 or complete a Case Evaluation form