Michigan law requires employers to maintain a safe environment free from harassment. If you think you are experiencing sexual harassment on the job, the first step is usually to follow your employer’s procedures for reporting it. According to Chambers v. Trettco, Inc., 463 Mich. 297, an employer can avoid or lessen their liability if they act quickly and effectively once they learn about harassment.
Here’s how to start:
Check Your Handbook or Policy
Most companies have written guidelines for reporting harassment. The rules might be in an employee handbook or on a company website. If you cannot find them, ask HR or a manager. The policy usually tells you who to talk to—maybe your direct boss or the HR department—and describes how to submit your complaint.
Document Everything
In McCalla v. Ellis, 180 Mich. App. 372, the court highlighted that strong evidence helps show unwelcome behavior. So, write down the dates, times, and locations of the harassment. Include details of what was said or done, and note any witnesses. This evidence can help prove harassment and show how often it happened.
Submit a Written Complaint
Even if your boss says a verbal report is fine, put it in writing—like an email or letter. That creates a paper trail. Summarize what happened, when it happened, and why it felt wrong. Ask the employer to investigate and take action. Keep a copy for yourself.
Contact Higher Management if Needed
If your boss is the harasser or if HR ignores your complaint, escalate the matter. You can approach another supervisor, a corporate hotline, or someone at a more senior level. The point is to ensure the company is officially aware.
Follow Up
If you do not hear back in a reasonable time, check in. Employers have a legal duty to promptly investigate harassment claims. If they drag their feet, it might be a sign they are not handling your complaint properly.
Michigan law also protects employees from retaliation for reporting harassment. That means your employer cannot fire, demote, or otherwise punish you just because you complained. If you suspect retaliation, consider telling HR right away or speaking to a Michigan attorney who works with sexual harassment cases.
How Do I Know if I Am a Victim of Sexual Harassment in the Workplace?
Sexual harassment in Michigan is defined under the Michigan Civil Rights Act as unwelcome sexual behavior that affects your job or creates an offensive environment. Two main categories exist: quid pro quo harassment and hostile work environment harassment.
In Radtke v. Everett, 442 Mich. 368, the court explained that any unwelcome sexual conduct—like sexual advances, remarks, or physical actions—can be harassment if it’s severe or happens often enough to impact your work.
Here are signs that you might be experiencing sexual harassment:
- Unwelcome Advances: A coworker or supervisor tries to date you or flirt with you despite repeated refusals.
- Requests for Sexual Favors: Someone above you hints you’ll get a promotion or keep your job only if you submit to sexual requests (also known as quid pro quo).
- Offensive Comments or Behavior: Jokes, innuendos, or remarks about your body or private life that make you uncomfortable.
- Unwanted Touching: Being touched, groped, or having your personal space invaded in a sexual way.
- Threats or Retaliation: Your boss punishes you or lowers your hours if you don’t go along with their advances.
- Negative Impact on Your Work: You dread going to work, can’t concentrate, or your performance suffers because of the behavior around you.
If any of this sounds like your experience, you may be a victim. Radtke v. Everett, 442 Mich. 368 shows that the key is that the conduct is unwelcome, offensive, and significantly hurts your work environment.
What Are the Different Kinds of Sexual Harassment Claims?
Michigan courts have identified two main types of claims, as explained in McCalla v. Ellis, 180 Mich. App. 372:
Quid Pro Quo
This happens if a manager or supervisor demands sexual favors in return for giving or holding back job benefits, such as promotions, raises, or even continued employment. If you refuse, they may threaten to fire you, cut your hours, or harm your career.
Hostile Work Environment
In a hostile work environment, the harassment does not necessarily come with a direct threat about your job. Instead, the work setting becomes so offensive or intimidating that it interferes with your ability to do your job. This might include repeated lewd comments, gestures, or widespread sexual remarks among coworkers.
The behavior must be severe or ongoing enough that a reasonable person would feel uncomfortable and find it difficult to work. In Radtke v. Everett, the Michigan Supreme Court explained that this environment must significantly affect your well-being or performance.
Both forms of harassment violate Michigan law if your employer knew—or should have known—about it and failed to fix the problem. If it’s your manager or supervisor who’s causing the harassment, the employer is presumed to be on notice because a supervisor is typically seen as a representative of the company.
Can I Sue My Employer if I’m a Victim of Sexual Harassment in the Workplace?
Yes. You can file a sexual harassment lawsuit against your employer if you are harassed on the job and your employer fails to fix it. Under the Michigan Civil Rights Act, an employer is liable if:
- They Knew (or Should Have Known) About the Harassment: This means they were told, saw it happening, or there were enough signs that they should have investigated.
- They Failed to Take Prompt Action: The employer must do a real investigation and take appropriate steps, such as disciplining the harasser or changing work conditions. If they ignore it or do little, they can be liable.
In Chambers v. Trettco, Inc., 463 Mich. 297, the court clarified that if the employer takes “reasonable care” to prevent and correct harassment, they might avoid liability. But if the harassment continues or if the employer punishes you instead of the harasser, you likely have grounds for a lawsuit.
To start a lawsuit, you often must file a complaint with the Equal Employment Opportunity Commission (EEOC) within 300 days from the harassment date. You might also file with the Michigan Department of Civil Rights. After they investigate, they can issue a “right-to-sue” letter that allows you to bring your case to court. Alternatively, you can sometimes go directly to court under state law if you prefer.
Each approach has deadlines, so it’s good to keep track of dates. Missing the window can cause you to lose your right to sue. If you’re unsure how to do this, you might want to consult with an attorney who understands workplace harassment law.
If you win or settle, possible remedies include back pay (for lost wages), emotional distress damages, attorney’s fees, or an order forcing the employer to change policies. In many lawsuits, employees are also awarded compensation for emotional harm, as the harassment can cause psychological stress.
Do I Need a Lawyer to File a Sexual Harassment Claim?
If you’re experiencing sexual harassment on the job and need help—whether it’s to file an internal complaint or file a sexual harassment lawsuit—think about talking to a sexual harassment lawyer in Michigan through LegalMatch. A Michigan attorney who knows how workplace harassment cases work can guide you step by step, increasing your odds of a fair outcome.
