Sexual Harassment – Hostile Work Environment

Title VII – Sex/Gender Discrimination & Retaliation (Sexual Harassment – Hostile Work Environment)

Sexual harassment occurs when an employee is subjected to a hostile work environment so severe or pervasive that it alters the terms and conditions of employment. Sexual harassment may be caused by a manager, a co-worker, or even an outside person who comes into the workplace (e.g., a business client or investor). A sexual harassment claim can also be based on “same-sex” harassment.

In determining whether a hostile work environment existed, the Judge/Jury must consider all the circumstances, including:

1. frequency of the discriminatory conduct;
2. its severity;
3. whether it is physically threatening or humiliating, or a mere offensive utterance; and
4. whether it unreasonably interferes with an employee’s work performance or creates an intimidating, hostile, or offensive work environment.

Understanding Your Rights

Under the Colorado Anti-Discrimination Act (CADA) and Title VII of the Civil Rights Act of 1964, it is illegal for employers to discriminate against employees based on sex or gender. This includes unequal pay, wrongful termination, and any form of harassment, including creating or allowing a hostile work environment. If you’ve been retaliated against for reporting or opposing such discrimination, you have the right to seek justice.

A company also may not retaliate against any employee for opposing Sex/Gender Discrimination or participating in protected activities, including complaints or investigations of sex/gender discrimination. An employer has engaged in unlawful retaliation under Title VII if there is:

1. protected opposition to Title VII discrimination or participation in a Title VII proceeding;
2. adverse action by the employer subsequent to or contemporaneous with such protected activity; and
3. a causal connection between such activity and the employer’s adverse action.