New York Sexual Harassment Lawyer Blog

Sexual Harassment stops here. Phillips & Associates fights with dignity for people who are the victims of workplace sexual harassment.

Supervisor sexual harassment causes a hostile work environment

On Behalf of | Jun 28, 2024 | Sexual Harassment

Employees have the right to a work environment that’s free of sexual harassment. It’s up to employers to set and enforce policies that prevent this kind of mistreatment, and that properly respond to it if it occurs.

Sexual harassment can occur at the hands of anyone a worker comes into contact with when they’re on the job (and, in some situations, even when they’re off the clock). In some cases, the harasser is the victim’s supervisor. This is a particularly troubling scenario because employees often feel helpless when their harasser is their boss and their livelihood is in the hands of their perpetrator.

Creating a hostile work environment

A supervisor who sexually harasses an employee on their team is engaging in an abuse of power. The victim may not want to speak up for fear of retaliation. In some cases, the supervisor may offer the victim something in exchange for sexual favors, which is known as quid pro quo sexual harassment. But, regardless of whether the harassment is overt or subtle, if an objective person would perceive the victim’s situation as toxic, chances are good that the victim is in a position to argue that they’re operating in a hostile work environment as a result of the mistreatment at issue.

Reporting sexual harassment

Even though it’s often uncomfortable and scary to report a supervisor for sexual harassment, it’s one of the only options to make the behavior stop. Employers must ensure they thoroughly investigate these matters without being partial to either side.

It’s usually necessary for a company to separate the supervisor and the employee during the investigation. Once the investigation is complete, appropriate action must be taken if it’s found that the supervisor did sexually harass the worker.

If the employer doesn’t take the report seriously, the victim may opt to file a formal complaint with a government agency, such as the Equal Employment Opportunity Commission, with the assistance of a skilled legal team.

It may also be possible to take legal action against the employer because of the sexual harassment. Having a legal representative to assist with this matter is beneficial because these cases can be both complex and consequential in nature.