Sexual Harassment Cases in Maryland

Sexual harassment in the workplace remains a real problem in many industries and many workplaces. The U.S. Equal Employment Opportunity Commission has defined sexual harassment as unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when:

1. Submission to such conduct was made either explicitly or implicitly a term or condition of an individual’s employment,
2. Submission to or rejection of such conduct by an individual was used as the basis for employment decisions affecting such individual, or
3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

The first two categories of sexual harassment are often described as “quid pro quo”, Latin for “this for that”, i.e. when the response of the target of the harassment controls the continuation or circumstances of employment. The third form, usually referred to generally as “hostile work environment,” is generally more common than quid pro quo harassment.

When it is not impossible or patently futile to do so, it is important for the target of harassment to report the harassment to management. Most large employers have an established policy regarding sexual harassment claims, requiring a reporting of such claims to an ombudsman, independent manager or executive. Documenting the reporting of the harassment is critical to viability of the claim; ideally, the harassment ceases immediately after the claim and the worker continues in her or his job duties without further ado.

Generally one must take a sexual harassment claim to an administrative agency such as the EEOC, the Maryland Human Relations Commission or similar local bodies before filing suit.  In the event, however, that management has fired the worker in retaliation for objecting to harassment or as part of the harassment, a worker may file suit immediately in Maryland’s courts under the Maryland wrongful termination jurisprudence under Adler v American Standard.  In addition, if the sexual harassment involves physical coercion or contact, there may also be a claim for civil assault or civil battery.

It’s critically important to contact legal counsel as soon as possible in harassment claims. The Law Office of Bruce Godfrey is available for consultations on harassment cases; if you or your loved one is being harassed on the job in Maryland, please take action by contacting our office at 410-561-6061.