Colorado Hostile Workplace

Sexual Harassment in the Workplace

Sexual harassment in the workplace constitutes a form of discrimination that is prohibited under Title VII of the Civil Rights Act of 1964 and the Colorado Civil Rights Act. Title VII segregates sexual harassment claims into two distinct categories: “Quid Pro Quo” and “Hostile Work Environment.” (Refer: EEOC-Guidance-Sexual-Harassment-Title VII)

Quid Pro Quo Sexual Harassment

Quid Pro Quo sexual harassment occurs when a supervisor or an individual in a position of authority demands sexual favors in return for assistance in hiring, promoting, or retaining an individual or for any other tangible job benefits. This form of harassment is characterized by the condition, either explicit or implicit, of a job or job benefit in exchange for acceptance of sexual conduct. If such conduct is unwelcome, it is classified as Quid Pro Quo sexual harassment. Evidence of the conduct being unwelcome might include:

• Emotional distress.
• Deterioration in job performance.
• Avoidance of the harasser.
• Reporting of the conduct to others.
• Similar responses are indicative of experiencing unwelcome employer harassment.

Hostile Work Environment Sexual Harassment

This type of harassment encompasses unwelcome remarks, conduct, or behavior related to sex, gender, or sexual orientation. Beyond inappropriate sexual or romantic overtures, it includes any unwelcome verbal or physical conduct that fosters a hostile environment, such as sharing sexually indecent images or videos, sending sexually suggestive communications, displaying inappropriate pictures in the workplace, making lewd jokes or anecdotes, engaging in sexually suggestive gestures or comments, inappropriate touching, asking sexual questions, or making offensive comments about sexual orientation or gender identity.

Non-Sexual Harassment in the Workplace

Workplace harassment extends beyond the categories of sexual harassment. Workplace harassment also includes actions related to religion, race, age, gender, disability, or skin color that create a hostile environment. Instances of workplace harassment or employer harassment might involve derogatory comments about personal beliefs, racist slang, remarks about skin color or ethnic traits, displaying offensive materials, making derogatory age-related comments, or wearing clothing offensive to a particular group.

Colorado Employer Liability for Workplace Harassment

In Colorado, employers are automatically liable for harassment by a supervisor, resulting in negative employment actions such as termination or loss of wages. Liability for harassment by non-supervisory employees or non-employees is established if the employer knew or should have known about the harassment and failed to take appropriate action.

Proactive Steps to Minimize Potential Liability for Workplace Harassment

Employers should enforce a written policy against harassment, implement a complaint mechanism, and ensure prompt, fair, and objective investigations of harassment claims. Using both internal and external investigators is advisable, ideally including both male and female investigators. 

 The alleged victim should provide a detailed written complaint, and the complainant’s identity should generally be disclosed to the harasser, except in exceptional circumstances. Investigators should keep comprehensive notes and prepare a thorough report of their findings.

Contact Your Colorado Hostile Work Environment Attorney at Baker Law Group

Facing a hostile work environment in Colorado can be challenging and distressing. If you’re grappling with workplace harassment or discrimination, taking decisive action is crucial. As your Colorado Hostile Work Environment Lawyers, Baker Law Group is here to assist you.Our team, skilled in navigating the complexities of workplace law, is dedicated to upholding your rights and promoting a respectful and safe work environment. Reach out to us for a confidential consultation, and let our experienced attorneys guide you through addressing and resolving workplace harassment issues.