Title VII of the Civil Rights Act of 1964 and the Colorado Anti-Discrimination Act strictly prohibit sexual harassment in the workplace. Generally, sexual harassment is unwelcome behavior that creates a hostile work environment due to an employee’s sex. If you are experiencing this, our dedicated Denver sexual harassment attorneys and workplace harassment lawyers have significant experience representing clients at all phases of these difficult cases.
Jump to: What is Sexual Harassment? | Who is Protected? | Employer Liability | 5 Steps to Take | Damages & Remedies | Retaliation Protections
What is Sexual Harassment in the Workplace?
The U.S. Equal Employment Opportunity Commission (EEOC) defines sexual harassment at work as including unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. There are two basic legal theories our workplace harassment attorneys pursue: quid pro quo and hostile work environment.
Quid Pro Quo Sexual Harassment
“Quid pro quo” means “something for something.” This occurs when an individual is forced to choose between suffering an adverse employment action (e.g., denial of a raise or termination) or submitting to sexual or romantic overtures.
Hostile Work Environment Harassment
Hostile work environment sexual harassment occurs when unwelcome sexual conduct unreasonably interferes with an employee’s job performance or creates an intimidating or offensive environment. This form of workplace harassment may include:
- Repeated requests for sexual favors
- Demeaning sexual inquiries, vulgarities, or sexist behavior
- Offensive or degrading language
- Sexually explicit signs, cartoons, or photographs displayed in plain view
- Criminal sexual conduct or unwanted physical contact
Who is Protected by Colorado Laws Against Sexual Harassment?
Anyone subjected to quid pro quo or hostile work environment sexual harassment is protected, regardless of gender or position. The victim may be a man or a woman and need not be of the opposite sex of the harasser. Furthermore, our sexual harassment lawyers can pursue cases even if the victim did not suffer a direct economic injury (such as being fired or demoted).
Colorado Employer Responsibility for Workplace Harassment
An employer may be held liable for sexual harassment by a supervisor, co-worker, or even a non-employee (like a customer or vendor). Liability depends on whether the employer had actual or constructive knowledge of the harassment and what steps they took to prevent or address it.
What To Do if You Have Been Sexually Harassed at Work
If you are experiencing quid pro quo or hostile work environment harassment, taking immediate action is critical. Follow these five steps:
1. Document All Incidents of Sexual Harassment
Carefully document any incident supporting your claim, including dates, places, times, and possible witnesses. Preserve any relevant emails, text messages, phone records, or photographs.
2. Firmly Reject Unwelcome Behavior
Make it clear that the behavior is unwelcome. Firmly reject advances and communicate that the behavior is offensive so you cannot be accused of encouraging the conduct.
3. Report the Harassment to Your Employer
Report any harassment to a supervisor, HR, or manager, and follow your company’s complaint procedures. Document your complaint in writing to preserve evidence for your claim.
4. File a Charge of Discrimination (EEOC or CCRD)
If internal complaints fail, you must file a Charge of Discrimination with the EEOC (within 300 days) or the Colorado Civil Rights Division (within 180 days) before pursuing a statutory claim in court.
5. Consult a Denver Sexual Harassment Attorney
Because of strict deadlines and complex procedures, consulting with an experienced workplace harassment attorney is crucial. Baird Quinn’s Colorado sexual harassment lawyers are available to help you navigate these strategic decisions.
Remedies Recovered by Our Sexual Harassment Lawyers
Victims of sexual harassment in Colorado may recover significant damages, including:
- Lost wages & benefits
- Compensatory damages for emotional distress
- Punitive damages
- Right to reinstated employment
- Recovery of attorney fees and costs
Protections Against Employee Retaliation
It is strictly illegal for an employer to retaliate against an employee for complaining about sexual harassment or participating in an investigation. Retaliation can include discharge, demotion, or subtle actions meant to dissuade a reasonable person from coming forward.
Denver’s Trusted Workplace Harassment Attorneys
Baird Quinn’s team of dedicated Colorado sexual harassment lawyers possesses extensive expertise in advocating for clients facing hostile work environments. If you are searching for a sexual harassment attorney near you, our Denver-based firm provides aggressive representation to help you seek the justice you deserve.
Contact Baird Quinn LLC today for a confidential consultation. Your rights and well-being are our top priorities.
Frequently Asked Questions: Workplace & Sexual Harassment
Why should I hire a sexual harassment lawyer?
Proving a hostile work environment or quid pro quo harassment requires gathering specific evidence and navigating strict federal and state deadlines. An experienced sexual harassment attorney ensures your EEOC or CCRD claims are filed correctly, protects you from workplace retaliation, and fights to recover maximum compensation for emotional distress and lost wages.
Can I sue for sexual harassment if I quit my job?
Yes. If the workplace harassment was so severe that a reasonable person would feel forced to resign to escape it, this is known legally as “constructive discharge.” A workplace harassment lawyer can help prove that your resignation should be treated the same as being wrongfully fired.
Is my employer liable for harassment by a customer or vendor?
Yes, employers in Colorado can be held liable for third-party harassment. If your employer knew or should have known about the offensive conduct and failed to take prompt, corrective action to protect you, a workplace harassment attorney can hold them legally responsible.