Recognizing and Responding to Workplace Sexual Harassment

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The #MeToo movement has altered the way many people, including many jurors, look at sexual harassment. Conduct once considered acceptable, or at least borderline acceptable, is now clearly wrong. The numbers reflect this attitude. According to a recent survey, 81 percent of women have experienced sexual harassment at some point. 

As outline below, workplace sexual harassment takes many forms. All of them violate federal law. The Equal Employment Opportunity Commission is supposed to prosecute violators. But unless the case is a “slam dunk” and involves eye-popping financial damages, the EEOC normally refuses to pursue these actions.

So, as is often the case, it’s usually up to a Kansas City employment law attorney to protect worker rights. 

Types of Sexual Harassment

The basic definition of sexual harassment is any behavior of a sexual nature which makes the victim uncomfortable. Legally, sexual harassment usually takes one of three forms in Kansas City workplaces:

  • Quid Pro Quo: In the movies, it is romantic when the shy boss asks the pretty intern for a date. In the real world, this conduct is patently unlawful, especially if the date includes any preferential treatment. That preferential treatment could be something relatively minor, like a new keyboard or an out-of-town business trip.
  • Hostile Environment: Offensive computer wallpaper and coarse jokes are offensive. But unless the environment is so toxic that the victim cannot effectively do his/her job, the environment is probably not “hostile.”
  • Retaliation: Much like a quid pro quo, retaliation can take many forms. In addition to firing or refusing to hire certain people, many employers sideline employees or discipline them unfairly.

Retaliation is the most common sexual harassment claim. Frequently, retaliation has nothing to do with the sexual harassment itself. Rather, retaliation focuses on a company’s illegal response to protected activity. This activity includes reporting sexual harassment, serving as a witness in an investigation, and encouraging someone else to report sexual harassment.

Your Claim for Damages

In all sexual harassment cases, victim/plainitffs must establish a prima facie case. Illegal activity probably occurred if the victim/plaintiff was a member of a protected class and suffered adverse action. That adverse action could be almost anything.

In response, employers can claim there was a neutral reason for the adverse action. For example, in a sexual harassment case, the employer might argue that a poor work record, and not a sexual harassment report, lead to the vcitim/plaintiff’s termination.

Generally, the supposed “neutral reason” is simply a pretext for discrimination. Such excuses might hold up in shareholders’ meetings, but they do not hold up in court.

Damages in a sexual harassment claim usually include compensation for back wages and lost financial benefits. Additionally, either reinstatement or a reasonable amount of future pay is usually available. 

You have the right to a harassment-free workplace. For a free consultation with an experienced sexual harassment lawyer in Kansas City, contact the Krause & Kinsman Law Firm. After-hours visits are available.

Our Reputation

The Krause & Kinsman Law Firm is made up of some of the nation’s foremost legal minds in the mass-tort field. That’s why our clients & co-counsel partners choose us.

Plaintiffs’ Steering Committee, and Co-Chair of the Law & Briefing Committee in MDL 2846:

In Re: Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Litigation

Plaintiffs’ Steering Committee in MDL 2974:

In Re: Paragard IUD Products Liability Litigation

Plaintiffs’ Steering Committee in MDL 2924:

In Re: Zantac (Ranitidine) Products Liability Litigation

Along with the aforementioned MDLs,

Plaintiff’s Counsel has prosecuted thousands of cases across other Multi-District Litigations and Mass-Torts, including:

MDL No. 3043:

Acetaminophen ASD/ADHD Product Liability Litigation

MDL No. 2753:

Atrium Medical Corp. C-Qur Mesh Products Liability Litigation

MDL No. 2782:

Ethicon Physiomesh Flexible Composite Hernia Mesh Products Liability Litigation

MCL No. 627:

In Re: Physiomesh Litigation, MCL

MCL No. 633:

In Re: Prolene Hernia System Mesh Litigation

MDL No. 2750:

Cook Medical, Inc., IVC Filters Marketing, Sales Practices and Products Liability Litigation

MDL No. 2641:

Bard IVC Filters Products Liability Litigation

MDL No. 2326:

In Re: Boston Scientific Corp. Pelvic Repair System Products Liability Litigation

MDL No. 2606:

Benicar (Olmesartan) Product Liability Litigation

MDL No. 2666:

In Re: Forced Air Warming Devices Products Liability Litigation

MDL No. 2591:

Syngenta AG MIR162 Corn Litigation

MDL No. 2936:

In Re: Smity’s/CAM2303 Tractor Hydraulic Fluid Marketing, Sales Practices and Products Liability Litigation

MCL No. 630:

In Re: Proceed Mesh Litigation

MDL No. 2543:

In Re: General Motors LLC Ignition Switch Litigation

MDL No. 2004:

In Re: Mentor Corp. ObTape Transobturator Sling Products Liability Litigation

MDL No. 2187:

In Re: C. R. Bard, Inc. Pelvic Repair System Products Liability Litigation

MDL No. 2325:

In Re: American Medical Systems, Inc., Pelvic Repair System Products Liability Litigation

MDL No. 2327:

In Re: Ethicon, Inc., Pelvic Repair System Products Liability Litigation

MDL No. 2387:

In Re: Coloplast Corp. Pelvic Support Systems Products Liability Litigation

MDL No. 251:

In Re: Neomedic Pelvic Repair System Products Liability Litigation

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The Krause & Kinsman Law Firm is one of the nation’s leading mass-tort & personal-injury law firms. The founding partners, Adam & Robert, have been selected to serve on steering committees for some of the largest pharmaceutical mass-tort cases.

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