Sexual Harassment Attorney in Tuscaloosa

What Qualifies as Sexual Harassment Under Federal Law

Title VII of the Civil Rights Act of 1964 prohibits sexual harassment as a form of sex discrimination. To be actionable, the conduct must be unwelcome. It doesn’t need to be overtly sexual; offensive remarks about a person’s sex can qualify just as readily as explicit conduct.

Qualifying conduct includes a range of behaviors:

• Unwanted or offensive remarks about appearance, clothing, or body parts
• Staring in a sexually suggestive manner
• Sending explicit or sexually suggestive messages
• Telling sexual or lewd jokes
• Making sexual gestures
• Any unwanted physical contact of a sexual nature

Who Is Protected

Title VII covers employers with 15 or more employees. Both the victim and the harasser can be of any gender, and the law doesn’t require them to be of opposite sexes. Current federal interpretation also recognizes harassment based on gender identity and sexual orientation as forms of sex discrimination.

The harasser doesn’t have to be a direct supervisor. A coworker, a client, or a vendor can create actionable harassment. In some circumstances, an employee who witnesses pervasive harassment of a coworker may also have grounds to bring a complaint.

Quid Pro Quo & Hostile Work Environment Claims

Federal law recognizes two distinct forms of sexual harassment. The legal standards and employer liability differ between them, so understanding which applies to your situation matters.

Quid Pro Quo Harassment
This form occurs when employment benefits such as promotions, salary increases, or favorable assignments are conditioned on an employee’s response to sexual advances, or when an employee faces termination or other consequences for refusing. Because supervisors and managers act on behalf of the employer, employers can generally be held strictly liable in quid pro quo cases where a tangible employment action results.

Hostile Work Environment Harassment
This form occurs when unwelcome verbal, non-verbal, or physical conduct based on sex, gender identity, or sexual orientation is severe or pervasive enough to alter the conditions of employment. A single isolated remark usually won’t meet the threshold, but a pattern of conduct can. We represent Tuscaloosa employees in both types of claims.