What is sexual harassment in Michigan?

What is quid pro quo?

What constitutes a hostile work environment?

What qualifies as sexual harassment?

Who can commit sexual harassment?

Some disturbing and surprising statistics with sexual harassment?

Who can be held accountable for sexual harassment?

Time limits for filing a sexual harassment claim in Michigan

How much is my sexual harassment claim worth?

Elements of a sexual harassment case in Michigan

Why contact Steve Crane and Crane Law?

There is no fee until you win

How Can a Michigan Sexual Harassment Lawyer Help You?

Crane Law and Steve Crane can guide you through the complicated and often emotionally challenging process of demanding justice and compensation for sexual harassment in Michigan. We will begin by answering the many questions you probably have about being a sexual harassment or abuse survivor. We strive to promptly answer your calls to discuss state laws and your rights. We use your story, your truth, about your experience to begin composing a civil lawsuit with a strong legal strategy.

Crane Law and Steve Crane will protect your identity and keep everything you say 100% confidential. We will investigate your case and identify the defendant. This could be the individual who harassed you, but in many situations, other parties are also vicariously liable. Workplace sexual abuse, for example, can lead to an employer’s vicarious liability over an individual worker’s wrongdoing. Your Michigan sexual harassment lawyer can also help you gather evidence of sexual harassment, such as camera footage or eyewitness testimony.

Once we have the necessary information about your case, we will file the paperwork to initiate your claim in the correct county. We will handle all confusing legal paperwork and red tape on your behalf to file by Michigan’s deadline. Finally, while you focus on healing and moving forward, we will negotiate with the defendant for maximum compensation for your physical, emotional and economic losses. We will use personalized legal strategies and aggressive litigation to optimize the outcome of your sexual harassment case.

What Is Sexual Harassment in Michigan?

In Michigan, the Michigan Elliott-Larsen Civil Rights Act (“ELCRA”)(MCL 37.2101 et seq.) defines sexual harassment as unwelcome sexual advances, requests for sexual favors, and 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 to obtain employment,
2. submission to or rejection of the conduct or communication by an individual is used as a factor in decisions affecting the individual’s employment, and
3. the conduct or communication has the purpose or effect of substantially interfering with an individual’s employment or creating an intimidating, hostile, or offensive employment environment.

Under federal law, Title VII of the Civil Rights Act of 1964 (42 U.S.C. §2000e et seq.) prohibits covered employers from discriminating based on:

• Race
• Color
• Sex
• Religion
• National Origin

Title VII’s prohibition against sexual discrimination includes both sexual harassment and pregnancy discrimination. The term “discriminate” means to make a distinction, or to treat persons differently based on their race, color, national origin, sex, or religion.

Sexual harassment is prohibited because it violates civil liberty. Sexual harassment is a demeaning, degrading, and coercive activity directed at persons on the basis of their sex, the continuation of which is often contingent on the harasser’s economic control over the person being harassed. It is against the law because it violates basic human rights of privacy, freedom, sexual integrity and personal security.

Both Michigan and Federal courts recognize two types of sexual harassment: (1) quid pro quo harassment, where submission to or rejection of sexual conduct or communication is used as a factor in decisions relating to an individual’s job benefits, and (2) harassment that creates an offensive or hostile environment

What is Quid Pro Quo?

The Latin phrase quid pro quo literally translates to something for something. It describes an exchange of some sort; this for that or a favor for a favor. In a sexual harassment context, quid pro quo harassment occurs when an employer or one of its agents makes compliance with requests or demands for sexual favors a term or condition of employment, and the harassment culminates in a tangible employment action. An example is a manager offering an employee a promotion if she agrees to go on a date with him. It describes an exchange in the workplace in return for sexual favors. Quid pro quo sexual harassment can also take the form of a threat; for example, if a manager tells an employee that the only way she can keep her job is by going on a date. Quid pro quo sexual harassment can be serious enough as a first or isolated offense to make the offender liable.

To establish a case of quid pro quo sexual harassment under Title VII or the ELCRA, a plaintiff must prove (1) that the person was subjected to unwelcome sexual harassment in the form of sexual advances or requests for sexual favors and (2) that the employee’s submission to the unwelcome advances was an express or implied condition for receiving job benefits or that the employee’s refusal to submit to a supervisor’s sexual demands resulted in a tangible job detriment.

What Constitutes a Hostile Work Environment?

The other type of sexual harassment is a hostile work environment. This describes a workplace in which an employee (or multiple employees) do not feel safe or comfortable working. It describes a situation in which sexual harassment, abuse, innuendos, content, jokes, emails or discrimination is pervasive enough to make someone feel intimidated, at risk or unable to perform the duties of the job. Sexual harassment that is persistent or severe enough to create a work environment that would feel offensive or hostile to a reasonable person can make the employer liable.

To establish a case of hostile work environment sexual harassment under Title VII of the Civil Rights Act of 1964 (“Title VII”)(42 USC 2000e et seq.) or the ELCRA, a plaintiff must prove the following five elements to establish a case of hostile work environment sexual harassment under the ELCRA or Title VII:

(1) the employee belonged to a protected group;

(2) the employee was subjected to communication or conduct on the basis of sex;

(3) the employee was subjected to unwelcome sexual conduct or communication;

(4) the unwelcome sexual conduct or communication was intended to or in fact did substantially interfere with the employee’s employment or created an intimidating, hostile, or offensive work environment; and

(5) respondeat superior.

What Qualifies as Sexual Harassment?

When bringing a Michigan sexual harassment claim, the first step is recognizing that harassment has happened. Some examples of sexual harassment are so subtle it can be difficult to determine whether they constitute this crime. If you are not sure, describe the incident to Crane Law and Steve Crane, Michigan sexual harassment attorneys, for our professional opinion. Our initial case reviews and consultations are always free of charge and 100% confidential.
Many different things could qualify as sexual harassment:

• Inappropriate touching, hugging, kissing, or invasions of personal space
• Discrimination due to someone’s gender, sex, or sexual orientation
• Sharing or sending sexually explicit images or videos
• Sexually suggestive or romantic notes or emails
• Sexual questions, suggestions, jokes, or innuendos
• Requests for sexual favors (“quid pro quo”)
• Inappropriate sexual gestures, facial expressions, or noises
• Inappropriate comments about appearance or body parts
• Spreading sexual rumors about a coworker

To qualify as sexual harassment the advance must be unwanted. A mere annoyance or single isolated event may not qualify as sexual harassment. A pattern of repeated offenses or a severe one-time event will. In a workplace setting, someone’s advances may qualify as sexual harassment if they create a hostile work environment or interfere with your performance at work.

Who Can Commit Sexual Harassment?

Most people when they hear sexual harassment picture a male in a position of power. The usual scenario most picture often involves a manager or CEO who targets a female in a lesser position. While this picture scenario is common, it is a misconception that only females can experience sexual harassment. Also, it is a misconception that sexual harassment is incurred only by male perpetrators. Anyone can commit sexual harassment. Men, women, and nonbinary individuals can sexually harass others in the workplace, school, or other social or professional settings. Victims and survivors of sexual harassment can also be of all genders. All combinations of the harasser and harassed are possible, including male/male, female/female, and female/male.

The perpetrator and survivor can have any type of professional relationship. Sexual harassment is often misuse or abuse of power, in which an abuser uses his or her position of authority in the workplace setting or other setting to take advantage of workers or others beneath him or her. Yet someone at any level within the company could commit sexual harassment. A harasser could be the owner of the company, a supervisor, branch manager, coworker, customer, supplier, or contractor. Do not allow a misconception of what sexual harassment looks like prevent you from seeking justice.

Some Disturbing & Surprising Statistics with Sexual Harassment?

• More than 1 in 3 men (34%) have experienced verbal sexual harassment. The most common form of verbal sexual harassment for all men was being purposely misgendered or called a homophobic or transphobic slur.

SOURCE: Kearl, H. (2018). The facts behind the #metoo movement: A national study on sexual harassment and assault. Stop Street Harassment. http://www.stopstreetharassment.org/wp-content/uploads/2018/01/Full-Report-2018-National-Study-on-Sexual-Harassment-and-Assault.pdf

• About one in four men (22%) experienced cyber sexual harassment

Did you know there are no upfront costs with Crane Law or Steve Crane?

You have nothing to lose and everything to gain from speaking with Crane Law and Steve Crane. Every case review and consultation is free. Should Steve Crane decide to take on your case, you will sign a legal representation contract defining payment, but no money is collected from you. Any fees required are factored into the settlement or compensation amount.

To schedule a discrete and confidential consultation about your matter, email or call us at (833) 855-4400 today.

Who Can Be Held Accountable for Sexual Harassment?

In a typical sexual harassment case in Michigan, a victim or survivor can hold the offender responsible and may be able to hold the employer or company responsible. Generally, employers will be vicariously liable for the actions, crimes and inappropriate behaviors of their employees while the employees are on the clock. Your employer could be accountable for the sexual harassment against you if it happened at work, even if your boss was not directly involved. The employer will have to answer for the crimes and actions of its employees. Your employer could also be responsible if it directly contributed to your damages, such as failing to check new employees’ backgrounds, failing to properly respond to a complaint or retaliating against you for reporting sexual harassment.

Time Limits for Filing a Sexual Harassment Claim in Michigan

Depending on the setting in which someone has made unwanted comments or advances of a sexual nature towards you, there are strict time limits on when you may bring a civil sexual harassment claim in Michigan. The most common setting is your workplace. Yet, other settings include school or other social or professional settings.

In the context of the workplace, employers must post notices in the workplace that clearly advise that employees must comply with strict time limits for filing employment The time period for when filing a sexual harassment claim is convoluted and confusing.

An administrative complaint must be filed with the Equal Employment Opportunity Commission (“EEOC”) or similar state agency before filing a civil lawsuit against your employer. This administrative complaint must be brought within 300 days of the alleged discriminatory act. (42 USC 2000e-5(e)) If you have been constructively discharged, meaning you have not been formerly fired but the way you are being treated is as if I have already been fired, the time limit begins to run only after you have resigned from your employment. Green v Breennan, 136 S Ct 1769 (2016)

A civil lawsuit must be brought within 90 days after receiving an EEOC right-to-sue letter. (42 USC 2000e-5(f)) Title VII’s 90-day limitations term begins running, on the fifth day following a federal agency’s mailing of a right-to-sue notification to the claimant. (42 U.S.C.A. § 2000e-16(c))

The time period for when filing a sexual harassment claim can be tricky. Rather than waiting, contact us for a 100% free consultation.

For a claim based on sex made under the Elliott-Larsen Civil Rights Act (“ELCRA”), the administrative charge must be brought within 180 days of the alleged discriminatory act or within 180 days after the alleged discriminatory act was or should have been discovered. (https://www.michigan.gov/mdcr/0,4613,7-138-42240_43561—,00.html) A civil lawsuit must be started within three years of the alleged discriminatory act or within three years after the alleged discriminatory act was or should have been discovered. (MCL 600.5805(2))

How Much Is My Sexual Harassment Claim Worth?

At Crane Law, our Michigan sexual harassment lawyers know a civil sexual harassment claim will not solve everything. It will not take back what happened or perhaps ever make you feel comfortable in your workplace again. Yet it can reimburse you for the financial losses you suffered due to the incident, such as lost wages from having to leave your job or the costs of hiring an attorney. The compensatory award your lawyer may be able to secure on your behalf could contain amounts to cover several different types of damages:

• Any related medical costs, including psychological therapy
• Lost past earnings and future capacity to earn, including fringe benefits the claimant would have received “but for” the discrimination
• Physical pain and suffering from assaults or injuries
• Emotional distress
• Mental anguish or trauma
• Limited Punitive damages

The award you might be able to receive for your civil sexual harassment claim in Michigan could be more than enough to help you move forward after suffering through this experience.

Elements of a Sexual Harassment Case in Michigan

Bringing a sexual harassment claim against someone at work could provide important freedom, peace of mind and security in the workplace. It could penalize the harasser and force your workplace to improve its sexual harassment policies. It could also result in financial compensation for the losses you suffered because of the harassment or abuse. Before you can file a sexual harassment case in Michigan, you must make sure your situation fulfills all four required elements.

1. Duty – Reasonable care. In all relationships, persons must act reasonably towards one another. Acting reasonably is termed a duty. Each of us owes a duty to each other. A duty to act reasonably. A person who commits sexual harassment has not acted reasonably. This person has breached that duty. For example, an employer owes you a duty of care to implement anti-harassment protocols at work, while a coworker would owe a duty not to create a hostile work environment.
2. Breach of Duty – Failure to take reasonable care. To support your sexual harassment claim, your lawyer must present certain evidence showing that the accused did not act reasonably and breached their duty. This breach could describe any type of sexual abuse, harassment, discrimination or assault. Your Michigan sexual harassment attorney can help you gather evidence of sexual harassment, if applicable.
3. Causation – Connection between the breach and the injuries you sustained. In presenting evidence of the breach of care, your lawyer must be able to show a connection between the defendant’s breach of duty and wrongdoing (the harassment), you are claiming harmed you. Your damages and losses must flow or arise from the defendant’s failure to fulfill the duty of care owed to you.
4. Damages for the injuries and harms you suffered. The defendant’s actions or behaviors must have inflicted real, compensable damages. In other words, damages cannot be a guess. The must be actual damages. Actual damages may include physical injuries, emotional distress, psychological trauma, medical or therapy costs, and lost wages from time spent away from work (either voluntarily or involuntarily).

If your law can prove these elements listed above, you will have legitimate grounds to file a sexual harassment claim. Crane Law and Steve Crane can provide a 100% free, no-obligation and confidential consultation of your case in Michigan. We will listen to your story and give you our honest opinion as to whether or not you have the elements to bring a claim for sexual harassment.

DISCLAIMER: The information in this blog is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information contained in this blog or on this website should be construed as legal advice from Crane Law PLLC or Steve Crane, Esq. Neither your receipt of information from this website nor your use of this website to contact Crane Law PLLC or Steve Crane, Esq. creates an attorney-client relationship between you and the firm or any of its lawyers. No reader of this website should act or refrain from acting on the basis of any information included in, or accessible through, this website without seeking the appropriate legal advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s jurisdiction.