Sexual harassment is a form of sex discrimination that violates the Connecticut Fair Employment Practices Act and Title VII of the Civil Rights Act of 1964. It encompasses conduct that involves unwelcome behavior of a sexual nature, such as unwanted advances, inappropriate comments, or other behavior that makes an individual feel uncomfortable or threatened.

Many people think of sexual harassment as a request for sexual favors to ensure continued employment or job advancement. This is known as “quid pro quo” harassment and is just one type of sexual harassment. Other forms of sexual harassment include unwanted physical contact, inappropriate jokes or comments, offensive remarks about a person’s sex, sexual orientation, or gender identity, or showing pornography.

To constitute illegal harassment that rises to the level of a hostile work environment, the conduct must be so severe, pervasive, or frequent that it “creates a hostile or offensive work environment or results in an adverse employment decision.” Men and women can experience sexual harassment from someone of the same or another sex. The harasser may be a coworker, a supervisor, an agent of the employer, or a non-employee. Examples of sexual harassment include:

• A male employer harassing a female employee
• A female employer harassing a male employee
• Same-sex harassment
• Harassment by a non-employee or employer, such as a vendor or customer
• Harassment by a coworker, colleague, or agent of the employer

Laws Protecting Workers Against Sexual Harassment

Title VII of the Civil Rights Act of 1964 and the Connecticut Fair Employment Practices Act protect workers from sexual harassment in the workplace. Under Connecticut law, workplaces must prominently display a poster explaining Connecticut’s sexual harassment statutes. The poster states that “Sexual harassment is illegal and is prohibited by the Connecticut Discrimination Employment Practices Act and Title VII of the Civil Rights Act of 1964.” The law provides for significant financial consequences for employers that violate sexual harassment laws, including compensation for economic damages and emotional distress.

Employers must prominently display information that:

• Includes the statutory definition of sexual harassment and identifies examples of different types of harassment
• Provides notice that sexual harassment is prohibited by Connecticut’s Discriminatory Practices Law and Title VII of the Civil Rights Act of 1964
• Identifies the remedies available to a victim of sexual harassment, which include:
  • Cease and desist orders
  • Back pay
  • Compensatory damages
  • Hiring, promotion, or reinstatement
• Provides notice that the harasser may be subject to civil and/or criminal penalties
• Includes contact information for the Connecticut Commission on Human Rights and Opportunities (CHRO)
• States that Connecticut law requires that a formal written complaint be filed with the Commission within 180 days of the date when the alleged harassment occurred
• Includes a prominent, bold-faced notice stating “Sexual Harassment is illegal.”

Employees with 50+ Employees

In addition to the requirements above, employers with 50 or more employees must provide two hours of specialized sexual harassment training, which “shall be conducted in a classroom-like setting, using clear and understandable language and in a format that allows participants to ask questions and receive answers.”

What to Do If You Experience Sexual Harassment in the Workplace

Employees experiencing sexual harassment have important rights and legal protections, and should understand the steps they can take to address the situation.

Document the Harassment

Individuals who believe they are experiencing sexual harassment should keep a written record of each incident, noting the date, time, location, individuals involved, and any witnesses. Saving emails, text messages, and voicemail can also support a claim.

Review the Company’s Policy

Check the employee handbook for company policies and procedures that address workplace harassment. These documents identify the procedures for reporting harassment, including who to contact and how to submit a complaint.

Seek Legal Advice and Report the Harassment

Employees are generally expected to report sexual harassment internally in accordance with an employer’s policies. Individuals should follow employer policies, which typically involve submitting a complaint to a supervisor, the human resources department, or another designated office. The complaint should include clear, factual descriptions of the conduct and a request that the behavior stop.

Before reporting sexual harassment, however, employees should seek legal advice from an employment attorney who can provide information and advice about the available options, what to include in the harassment complaint, and the best approach for submitting the complaint.

Employers are prohibited from retaliating against employees who report sexual harassment. Retaliation may include demotion, reduction in hours, poor performance reviews, or termination. These actions constitute additional acts of discrimination and can give rise to separate legal claims.

File a Complaint with the CHRO

The CHRO is the primary state agency in Connecticut responsible for enforcing anti-discrimination laws, including protections against sexual harassment. An employee who believes they experienced sexual harassment must file a complaint within 300 days of the act of harassment.

There are many steps in the CHRO process, but later stages of the proceedings at the agency include opportunities for the CHRO to make findings and, if there is a determination that the employer violated the law, the CHRO can order relief, such as back pay, compensation for emotional distress, or orders for policy changes.

After you file your complaint with the CHRO, you may decide that you would prefer to proceed with your claims in court instead of at the CHRO. The CHRO can also provide you with a release to sue, which gives the employee the right to file a lawsuit in court.

Since this is a complicated area, it is always best to seek legal advice from an employment attorney about proceeding with a discrimination case at the CHRO, or filing a lawsuit in court.

Federal Protections

The Equal Employment Opportunity Commission (EEOC) is the federal agency responsible for investigating sexual harassment claims. A complaint filed with the CHRO is automatically dual-filed with the EEOC, preserving the right to sue under both state and federal law.

Protect Your Career During the Process

Connecticut law protects employees who file sexual harassment complaints. Nonetheless, employees should take practical steps to protect themselves by continuing to do their jobs well, maintaining positive relationships with coworkers, and avoiding confrontations.

Other career protections may include requesting reassignment, temporary leave, or modified reporting relationships.

How a Sexual Harassment Attorney Can Help

The attorneys at Madsen, Prestley & Parenteau, LLC, assist employees who have experienced unwelcome sexual advances, requests for sexual favors, or other forms of sexual harassment. We can explain your legal rights under the Connecticut Fair Employment Practices Act and Title VII of the Civil Rights Act of 1964, help you evaluate the strength of your case, and guide you through the process of filing a complaint with the CHRO or EEOC, or in court. We will also take steps to maximize your legal protections against retaliation and will work to secure a remedy for employees whose legal rights have been violated.