What is Sexual Harassment? Sexual Harassment by a Boss
There are clear definitions of sexual harassment in the workplace to be found in both state and federal law, but – in a real life scenario – the signs aren’t so easy to recognize. In some cases, there can be no question that an offender has stepped over the line; in others, the misconduct isn’t blatant and straightforward. Plus, there can be questions over the status of the offender and whether the behavior is appropriate considering his or her position at your place of employment. However, the law on sexual harassment in Maryland is clear that it doesn’t matter what job title the offender holds: Even your boss can be held responsible for wrongdoing and you should take action if you’re the victim of this type of misconduct.
Sexual Harassment Defined
Under federal and state law, it is unlawful for an employer to discriminate against employees on the basis of sex, among other factors. The Maryland Fair Employment Practices Act includes sexual harassment within this definition. Harassment may include unwelcome sexual advances, pressure, requests for favors, and verbal or physical conduct that is sexual in nature. Comments don’t have to be directed at you to be considered harassment: A person that discusses their own sexual activities, tells offensive jokes, or makes remarks about someone else’s physical attributes may be unlawful.
However, simple teasing would not fall under sexual harassment, unless it’s so frequent and offensive that the person creates a hostile work environment.
Responsible Parties
The gender of the victim and the harasser don’t matter for purposes of sexual harassment laws. They may be female, male, or same sex. In addition, the offender’s job title or duties are of no consequence, so the harasser may be a supervisor, boss, manager, or any co-worker. The offender does not even need to be an employee of your company: You may make a claim for sexual harassment even if the offender is a client, customer, or supplier that works within your workplace environment.
How to Address Sexual Harassment in the Workplace
Your first course of action if you’re being harassed is to inform the person that their behavior makes you uncomfortable, by email or other written communication. You should also inform your supervisor or, if that person is the harasser, discuss the matter with another person of authority in your company. If the conduct does not cease, you should:
- Check your employer’s policies regarding reporting sexual harassment;
- Contact the Maryland Commission on Human Relations to file a complaint and initiate an investigation; and/or
- Consider filing a lawsuit for employment discrimination based on the sexual harassment.
Discuss Your Matter with a Maryland Sexual Harassment Lawyer
Both Maryland and federal law allow you to take action in the event of inappropriate behavior, so you do have options for addressing the misconduct. The attorneys at The Casper Firm have represented many clients in sexual harassment matters and are dedicated to protecting your rights. Please contact us with questions or to schedule a free consultation to discuss your situation.
