Sexual Harassment

Sexual Harassment is Unlawful Sex Discrimination

Federal and Colorado law prohibits sexual harassment in employment.

Sexual harassment is unlawful sex discrimination.

Private sector employees and federal, state, and local government employees have the right to be free from sexual harassment.

Employees working in any position or occupation, with any degree of authority, in every industry or sector, are protected from sexual harassment.

The law protects men and women from sexual harassment.

Unlawful sexual harassment may occur when a person confronts harassment from a member of the same sex or an individual of the opposite sex.

The harasser can be the employee’s supervisor, co-worker, a supervisor in a different area of the organization, or the employer’s client or customer.

Murray Law welcomes the opportunity to provide experienced counsel and representation to persons subjected to sexual harassment.

This practice represents clients asserting sexual harassment and hostile work environment claims in federal and state court lawsuits, filing sex discrimination charges with federal, state, and local government agencies, and arbitration and mediation proceedings.

Steven Murray has successfully represented employees asserting sexual harassment and sex discrimination claims in actions before the United States District Court for the District of Colorado.

Harassment – Hostile Work Environment Claim

Sexually offensive conduct includes slurs, insults, jokes, threats, or other verbal comments or physical contact or intimidation of a sexual nature.

The specific elements of a sexual harassment or hostile environment claim depend on the facts in issue. The claim includes these general elements:

• The conduct was unwelcome.
• The conduct was offensive.
• The conduct was sexual or directed against the complainant because of the person’s sex.
• The conduct was sufficiently severe or pervasive to alter a term, condition, or privilege of employment by creating an abusive working environment.
• The complainant perceived the environment to be abusive or hostile.
• A reasonable person in the complainant’s circumstances would consider the working environment to be abusive or hostile.

Totality of Circumstances

The totality of the circumstances must be considered in evaluating a hostile work environment claim. The conduct is considered cumulatively instead of in isolation. The factors for consideration include:

• Whether the conduct was unwelcome.
• The nature, severity, and frequency of the conduct.
• Whether the conduct was by a co-worker or supervisor or customer.
• The effect of the conduct on the complainant’s mental or emotional state.
• Whether others joined in the conduct.
• Whether the conduct was directed at more than one person.
• Whether the conduct was physically threatening.
• Whether the conduct unreasonably interfered with an employee’s work performance.

Conclusion

Murray Law welcomes the opportunity to provide legal counsel and representation to persons facing unlawful sexual harassment. Please call Steven Murray at 720-600-6642.