Sexual Harassment Under Title VII (Federal Law)
Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964 (“Title VII”).
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance or creates an intimidating, hostile or offensive work environment.
Sexual harassment can occur in a variety of circumstances, including but not limited to the following:
- The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.
- The harasser can be the victim’s supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.
- The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
- Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
- The harasser’s conduct must be unwelcome.
It is helpful for the victim to directly inform the harasser that the conduct is unwelcome and must stop. The victim should use any employer complaint mechanism or grievance system available.
The Equal Employment Opportunity Commission ( “EEOC”) enforces Title VII and has provided guidance for filing a charge of discrimination alleging sexual harassment. See Title VII of the Civil Rights Act of 1964.
Sexual Harassment Under the Minnesota Human Rights Act (State Law)
Sexual harassment is also unlawful under the Minnesota Human Rights Act (“MHRA”).
The MHRA defines sexual harassment as:
“Sexual harassment” includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact or other verbal or physical conduct or communication of a sexual nature when:
(1) submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining employment, public accommodations or public services, education, or housing;
(2) submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual’s employment, public accommodations or public services, education, or housing; or
(3) that conduct or communication has the purpose or effect of substantially interfering with an individual’s employment, public accommodations or public services, education, or housing, or creating an intimidating, hostile, or offensive employment, public accommodations, public services, educational, or housing environment.
Minn. Stat. 363A.03, subd. 43.
Under the MHRA:
Except when based on a bona fide occupational qualification, it is an unfair employment practice for an employer, because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local commission, disability, sexual orientation, or age to:
(1) refuse to hire or to maintain a system of employment which unreasonably excludes a person seeking employment; or
(2) discharge an employee; or
(3) discriminate against a person with respect to hiring, tenure, compensation, terms, upgrading, conditions, facilities, or privileges of employment.
Minn. Stat. 363A.08, subd. 2.
According to the MHRA, “[t]he term ‘discriminate’ includes segregate or separate and, for purposes of discrimination based on sex, it includes sexual harassment.” Minn. Stat. 363A.03, subd. 13.
In addition, it is unlawful for any person to “aid and abet” discrimination under the MHRA:
It is an unfair discriminatory practice for any person:
(1) intentionally to aid, abet, incite, compel, or coerce a person to engage in any of the practices forbidden by this chapter;
(2) intentionally to attempt to aid, abet, incite, compel, or coerce a person to engage in any of the practices forbidden by this chapter;
(3) to intentionally obstruct or prevent any person from complying with the provisions of this chapter, or any order issued thereunder, or to resist, prevent, impede, or interfere with the commissioner or any of the commissioner’s employees or representatives in the performance of duty under this chapter.
Under the MHRA, it is also unlawful for any person to engage in reprisal or otherwise retaliate against an employee for opposing sexual harassment or filing a complaint of sexual harassment:
It is an unfair discriminatory practice for any individual who participated in the alleged discrimination as a perpetrator, employer, labor organization, employment agency, public accommodation, public service, educational institution, or owner, lessor, lessee, sublessee, assignee or managing agent of any real property, or any real estate broker, real estate salesperson, or employee or agent thereof to intentionally engage in any reprisal against any person because that person:
(1) opposed a practice forbidden under this chapter or has filed a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this chapter; or
(2) associated with a person or group of persons who are disabled or who are of different race, color, creed, religion, sexual orientation, or national origin.
A reprisal includes, but is not limited to, any form of intimidation, retaliation, or harassment. It is a reprisal for an employer to do any of the following with respect to an individual because that individual has engaged in the activities listed in clause (1) or (2): refuse to hire the individual; depart from any customary employment practice; transfer or assign the individual to a lesser position in terms of wages, hours, job classification, job security, or other employment status; or inform another employer that the individual has engaged in the activities listed in clause (1) or (2).
The Minnesota Human Rights Act is enforced by the Minnesota Department of Human Rights (“MDHR”).
Sexual Harassment Under the Minneapolis Code of Ordinances (Local Law)
The Minneapolis Code of Ordinances also makes it unlawful for employers within the City of Minneapolis to engage in sexual harassment.
The Minneapolis Code of Ordinances defines sexual harassment as:
Sexual harassment: Includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact or other verbal or physical conduct, or communication of a sexual nature when:
(1) Submission to the conduct, or communication, is made a term or condition, either explicitly or implicitly, of obtaining the services of a labor organization, employment, the services of an employment agency, real estate, the services of a lending institution, public accommodations, public services, or the services of an educational institution, or;
(2) Submission to or rejection of that conduct or communication is used as a factor in decisions affecting that individual in obtaining the services of a labor organization, employment, the services of an employment agency, real estate, the services of a lending institution, public accommodations, public services, or the services of an educational institution, or;
(3) That conduct or communication has the purpose or effect of substantially interfering with an individual in regard to, or creating an intimidating, hostile or offensive environment in regard to the services of a labor organization, employment, the services of an employment agency, real estate, the services of a lending institution, public accommodations, public services, or the services of an educational institution.
Mpls. Code Ord. Chapter 139.20.
The Minneapolis Code of Ordinances provides that it is unlawful for an employer:
(b) Discrimination in employment. Except when based on a bona fide occupational qualification, for an employer because of race, color, creed, religion, ancestry, national origin, sex, sexual orientation, disability, age, marital status, or status with regard to public assistance:
(1) To fail or refuse to hire or to maintain a system of employment which unreasonably excludes a person seeking employment.
(2) To discharge an employee.
(3) To discriminate against a person or employee with respect to application, hiring, training, apprenticeship, tenure, promotion, upgrading, compensation, layoff, discharge, or any term or condition of employment.
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(5) Except when based on a bona fide occupational qualification, it is an unfair employment practice for an employer, with respect to all employment related purposes, including receipt of benefits under fringe benefit programs, not to treat women affected by pregnancy, childbirth, or disabilities related to pregnancy or childbirth, the same as other persons who are not so affected but who are similar in their ability or inability to work, including a duty to make reasonable accommodations as provided by 139.40(b)(4).
Mpls. Code Ord. Chapter 139.40(b).
For purposes of the Minneapolis Code of Ordinances:
Discriminate or discrimination: Includes any act, attempted act, policy or practice, which results in the unequal treatment, separation or segregation of or which otherwise adversely affects any person who is a member of a class protected by this title, and for purposes of discrimination based upon sex it includes sexual harassment.
Mpls. Code Ord. Chapter 139.20.
Minnesota sexual harassment attorney Craig W. Trepanier of the Minnesota sexual harassment law firm of Trepanier MacGillis Battina P.A. in Minneapolis, Minnesota represents individual employees and employers in Minnesota sexual harassment complaints, Minnesota sexual harassment charges, Minnesota sexual harassment investigations, Minnesota sexual harassment lawsuits, and Minnesota sexual harassment litigation involving Minnesota sexual harassment, Minnesota sex harassment, Minnesota hostile work environment, Minnesota quid pro quo sexual harassment, Minnesota sex discrimination, Minnesota equal pay discrimination, Minnesota pregnancy discrimination, Minnesota pregnancy harassment, Minnesota wrongful termination, Minnesota constructive discharge, Minnesota reprisal, and Minnesota retaliation in the workplace. The Minnesota sexual harassment lawyers and Minnesota sexual harassment attorneys affiliated with our Minnesota sexual harassment law firm represent clients in Minneapolis, St. Paul, Apple Valley, Blaine, Bloomington, Brainerd, Brooklyn Park, Burnsville, Coon Rapids, Duluth, Eagan, Eden Prairie, Edina, Lakeville, Mankato, Maple Grove, Minnetonka, Moorhead, Plymouth, Richfield, Rochester, St. Cloud, Stillwater, Twin Cities, Woodbury and other cities within the State of Minnesota (MN) (Minn.).