Milwaukee Sexual Harassment Attorney
Sexual harassment on the job in Wisconsin is not tolerated under the law — Period. The law forbids it. Common sense abhors it. Employees need courage to stand up to it and stop it. To discuss your on-the-job sexual harassment situation with a knowledgeable employment law attorney, contact Alan C. Olson & Associates, s.c.
Our firm has helped numerous individuals obtain fair compensation for sexual harassment they have suffered in an employment situation. There are two major types of sexual harassment:
Hostile-environment sexual harassment – This is where an employee in his/her work environment is subject to unwelcome verbal or physical sexual behavior that is either severe or pervasive.
Quid pro quo sexual harassment – This is where the satisfaction of a sexual demand is used as the basis of an employment decision.
Both state and federal law prohibit sexual harassment in the workplace. To establish a case of sexual harassment the employee must show that 1) there is unwelcome conduct of a sexual nature; 2) the conduct affects the terms and conditions of employment; and, 3) there exists a casual connection between the conduct of the harasser and the victims gender. The Supreme Court has recently ruled that an employer is liable for sexual harassment if the harassment involved or culminated in a “tangible employment action”. The employer may defend against a sexual harassment lawsuit by showing that it took prompt remedial action to stop the sexual harassment.
Retaliation for Reporting Sexual Harassment Is Prohibited
To establish unlawful retaliation, an employee must show 1) that he or she participated in a formal proceeding regarding a sexual harassment complaint; or, had opposed sexual harassment; 2) that the employer took adverse action against the employee; and, 3) that a causal connection exists between the employee’s protected activity and the employer’s adverse employment action. Informal opposition is entitled to the same protection as opposition that is expressed through a formal complaint filed with a federal or state agency.
In a retaliation case the complainant must introduce evidence sufficient to raise an inference that, if the employer’s actions remain unexplained, it is more likely than not that such actions were discriminatory. Subtle types of retaliation are deemed actionable. The law deliberately does not take a laundry list approach to retaliation, i.e., demotion, transfer, discipline and discharge, because “unfortunately its forms are as varied as the human imagination will permit.”
If you have suffered sexual harassment, contact us right away so that we can help you decide what your next step will be.
