How to File a Sexual Harassment Complaint in Minnesota

Sexual harassment, in general, includes conduct, such as inappropriate sexual remarks or acts, that are directed at someone based on their gender. For conduct or behavior to be considered sexual harassment, the individual to whom the conduct is directed must also feel the conduct is unwelcome.

Additionally, sexual harassment is a form of employment discrimination. This means if an individual is facing sexual harassment in their workplace, they may have multiple legal claims.

The unwanted behavior does not necessarily have to be sexual in nature to be considered sexual harassment. In the workplace, to be sexual harassment, the offending behaviors must significantly interfere with a worker’s ability to perform their job duties.

When an individual’s conduct results in a work environment that is intimidating offensive, or hostile, it may be classified as sexual harassment. In the workplace context, sexual harassment may also arise when something, such as a promotion, is offered to an employee but is contingent to them submitted to a sexual request or providing a sexual favor.

Sexual harassment can also occur if a worker does not submit to a sexual request and, because of that, faces a negative personnel decision, for example, termination or demotion. There are certain behaviors that are often considered to be sexual harassment, such as:

• Unwanted touching
• Jokes
• Innuendo
• Insulting or degrading references based on gender
• Unwanted gestures

If a worker believes they are the victim of sexual harassment in the workplace, they should take the steps outlined below.

Notify the employer

The victim worker should notify their employer as soon as they can about any offensive conduct. This will allow their employer to investigate any alleged sexual harassment.

Important steps

A victim of sexual harassment in the workplace should take certain important steps to document the issue and ensure evidence is preserved, including:

• Writing down everything they remember about all incidents, including:
  • The date and time
  • The offensive behavior or conduct
  • Possible witnesses
• Keeping proof and evidence of all of the incidents, including, but not limited to:
  • Text messages
  • Emails
  • Letters
  • Voicemails
  • Any other communications
• Reporting the harassing conduct to the human resources (HR) department or agency that accepts complaints at the workplace
• Requesting the HR department include information about the harassing conduct in the personnel file of the alleged harasser

Cooperate with an employer’s investigation

Once a worker has submitted their complaint, their employer should conduct an investigation of the allegations of harassment, including interviewing the following individuals:

• The victim
• The alleged harasser
• Potential witnesses to the conduct

File a sexual harassment lawsuit

When a worker attempts to resolve their sexual harassment allegations using the available channels at their workplace and they are not successful, they may be able to file a sexual harassment lawsuit in Minnesota. It does not matter what harassment issues someone is facing at work, a Minnesota attorney can help.

How Do I Know if I Am a Victim of Sexual Harassment in the Workplace?

Workers should be aware that there is not a specific definition of exactly what conduct will be classified as sexual harassment in a workplace. Instead, courts consider a variety of factors when making a determination of whether sexual harassment occurred, such as when the conduct:

• Is not desired by the victim
• Is pervasive
  • Pervasive means that it continues even after the victim complains, either directly to the harasser to their employer’s HR department
• Makes the victim feel intimidated or threatened
• Affects a worker’s ability to fulfill their job duties, for example:
  • There is a decline in their job performance
  • The decline in their job performance results in termination or demotion
  • They have to adjust their schedule to avoid the harasser
  • The victim declines job advancement opportunities
  • The victim suffers physically
  • The victim has to seek medical attention

Offensive conduct that occurs outside of working hours may also be considered workplace sexual harassment in certain specific situations. Generally, the more severe and frequent the unwanted conduct, the more likely it will be classified as sexual harassment. If someone is a victim of sexual harassment or is accused of sexual harassment, it is essential to consult with an attorney.

What Are the Different Kinds of Sexual Harassment Claims?

There is more than one category of sexual harassment, which includes quid pro quo sexual harassment and hostile work environment sexual harassment.

Quid pro quo sexual harassment

Quid pro quo is a Latin phrase that means, “something for something.” This type of harassment arises when someone in a position of power requests a sexual favor in exchange for favorable treatment, such as a pay raise, promotion, or other job benefit.

In order to be considered quid pro quo sexual harassment, the individual in power must state or imply that if the worker does not submit to the request, they will face negative employment consequences. Whether or not the worker accepts or declines the request does not matter.

Hostile work environment harassment

Hostile work environment sexual harassment is a type of harassment that creates an environment where a worker has issues completing their job duties. There are numerous factors a court will consider in hostile work environment situations, including, but not limited to:

• The severity and frequency of the sexual harassment
• Whether the victim found the harassment humiliating
• Whether the victim was physically threatened by the harassment
• If the harassment interfered unreasonably with the victim’s ability to complete their job duties

In the majority of situations, it is not sufficient for the worker to simply feel the workplace is a hostile environment. Their work environment has to be such that a reasonable and objective individual would also find the same environment to be hostile.

Can I Sue My Employer if I’m a Victim of Sexual Harassment in the Workplace?

An individual may be able to sue their employer when they are a victim of sexual harassment in the workplace in Minnesota when they complete certain steps. First, a worker should file a complaint with the Minnesota Department of Human Rights within one year of the last incident of harassment.

If an individual’s issue is not resolved through their employer or the Minnesota agencies, they can file a claim with the Equal Employment Opportunity Commission (EEOC) before they will be allowed to file a lawsuit against their employer. This claim must be filed within 300 days of the last incident of harassment.

The EEOC is a federal agency that investigates workplace harassment allegations. In some situations, the EEOC files lawsuits on behalf of workers.

If the EEOC declines to file a lawsuit, it will issue the worker a Notice of Right-to-Sue letter. After receiving this letter, the worker will have 90 days to file a sexual harassment lawsuit. If they do not file their legal claim within 90 days, it will likely be dismissed.

Do I Need a Lawyer to File a Sexual Harassment Claim?

When you have any concerns or issues about sexual harassment in your Minnesota workplace, you should reach out to a sexual harassment lawyer in Minnesota as soon as you can. Your lawyer can give you advice on the steps you should take, guide you through the complaints process with your employer and the EEOC, and represent you in front of any agency, party, or court.

LegalMatch.com offers a quick and free attorney matching service that you can use online in as little as 15 minutes to find a sexual harassment lawyer near you. After you submit your issue online, you will get messages from member lawyers in approximately 24 hours who can help you resolve your issue. Workplace issues can be stressful and there is no reason you have to face them alone.