Employer Liability for Sexual Harassment

Businessman sexualy harassing female colleague during working hours at a workplace.

Sexual harassment doesn’t just harm people—it poisons entire workplaces. When crude jokes, inappropriate comments, or unwanted advances become part of the culture, employers have a legal obligation to act. And if they don’t, they can be held accountable.

Hostile work environments are more common than they should be. Whether it’s a manager making lewd comments or a coworker repeatedly crossing the line, Connecticut law gives you the right to speak up—and hold your employer liable when they allow the harassment to continue.

What Qualifies as a Hostile Work Environment?

Not every awkward or rude comment qualifies as unlawful harassment. But when the sexual harassment becomes severe or pervasive, it rises to the level of a hostile work environment that violates the law.

To meet the legal definition, the harassment must be:

  • Unwelcome
  • Based on sex (including sexual orientation, gender identity, or gender expression)
  • Severe or pervasive enough to create an abusive or intimidating workplace

A few common examples include:

  • Repeated sexual jokes, comments, or innuendos
  • Persistent unwanted flirting or romantic attention
  • Sharing sexually explicit photos, texts, or links
  • Physical touching, groping, or brushing up against someone
  • Spreading rumors about an employee’s sex life

In some cases, one serious incident can be enough—for example, sexual assault or a graphic verbal threat. But more often, it's a pattern of behavior that adds up over time.

Both federal and Connecticut laws offer protection. Connecticut law, in particular, is stronger, covering smaller employers and allowing a broader range of legal remedies.

When the Employer Becomes Responsible

Whether your employer is legally responsible depends on who committed the harassment and how your employer responded once they knew—or should have known—what was going on.

If the harasser is a supervisor:

Employers are usually on the hook when the harassment comes from someone in a position of authority. This is called strict liability. If a supervisor engages in harassment and it leads to a tangible employment action—like being fired, demoted, passed over for promotion, or reassigned to worse duties—the employer is automatically liable.

Even if no tangible action occurred, the employer may still be liable unless it can prove two things:

  1. It took reasonable steps to prevent and stop the harassment (such as a clear policy and complaint process), and
  2. The employee failed to use those steps or processes without a good reason.

That second point is critical. If you reported the harassment but were ignored, discouraged, or retaliated against, the employer’s defense likely fails.

If the harasser is a coworker or third party:

When the harassment comes from someone who isn’t your boss—like a colleague, contractor, or even a client—the rules shift slightly. In these cases, the employer is only liable if it was negligent.

That means your employer can be held responsible if:

  • It knew or should have known about the harassment, and
  • It failed to take prompt, effective steps to stop it

This is why reporting harassment matters. It puts your employer on notice and gives them a legal duty to act. If they ignore your complaint, try to sweep it under the rug, or retaliate, they can be held accountable.

Even without a formal report, the employer may still be liable if the harassment was out in the open—like offensive posters, repeated crude jokes at meetings, or inappropriate comments made in front of supervisors.

What You Can Do Right Now

If you’re dealing with sexual harassment or a hostile work environment, you don’t need to suffer in silence. There are steps you can take to protect yourself and strengthen your legal position.

Report it internally, in writing

Follow your company’s harassment reporting policy, if one exists. Use email so there’s a clear, time-stamped record. Be as specific as possible about what happened and when. If there’s no policy or HR department, report it to your manager—or your manager’s manager if that feels safer.

Keep detailed records

Start a journal. Write down dates, locations, what was said or done, and who was present. Save emails, texts, and any physical evidence. Don’t rely on memory—detailed records can make or break a case.

Don’t ignore retaliation

Retaliation is illegal. If your hours are cut, your assignments change, or you’re treated differently after speaking up, document it and talk to an attorney. Many sexual harassment cases involve a retaliation claim as well.

Consider filing a legal complaint

In Connecticut, you have 300 days to file a complaint with the Connecticut Commission on Human Rights and Opportunities (CHRO), which enforces both state and federal anti-discrimination laws. You can also file with the EEOC, but state law often provides broader protection.

You don’t need to go through that process alone. A legal team can help you file the complaint, gather evidence, represent you at hearings, and explore possible settlements or litigation.

What If You’re Not Ready to Report Yet?

It’s okay to take time to process what’s happening. Many employees hesitate to report harassment because they’re afraid of losing their job, being labeled a troublemaker, or making things worse. That hesitation is understandable—but you still have options.

Talking to a lawyer early can help you understand your rights without committing to a formal complaint. You can also use that conversation to get clarity on whether what you’re experiencing meets the legal definition of harassment or retaliation.

Even if you decide not to take legal action now, it’s smart to start documenting incidents, saving communications, and getting your paperwork in order—just in case.

You’re Not Alone—And You’re Not Powerless

Work shouldn’t come with fear, anxiety, or abuse. No job is worth your dignity, your peace of mind, or your safety. If your employer failed to prevent or stop sexual harassment, they can and should be held accountable.

At Madsen, Prestley & Parenteau, LLC, we help workers across Connecticut stand up for their rights and demand better from their employers. Whether you’re ready to take legal action or just need someone to talk to about your options, we’re here for you.

Reach out to us today for a confidential consultation by calling 860-246-2466. We’ll help you figure out the next step—and stand by your side as you take it.

Categories: Sexual Harassment