If you are dealing with sexual harassment at work and the person causing the harm is the same gender as you, you may wonder if whether anyone will take your situation seriously. At the law firm of John A. Klassen, P.A., we understand what you are facing and can help you.
Minnesota provides legal protections for employees in your situation. Both federal law and the Minnesota Human Rights Act address workplace sexual harassment without regard to the genders of the people involved. The Minnesota Human Rights Act is enforced by the Minnesota Department of Human Rights and covers employers across the state, including small businesses with just one employee. Whether you work in Minneapolis, St. Paul, or a suburb along Highway 169 or I-35, these protections extend to you. Contact an experienced workplace sexual harassment attorney today to learn about your rights and your options.
What Does Same-Sex Harassment Include?
Same-sex sexual harassment can take many forms. A supervisor of the same gender discriminating against or harassing a member of the LGBTQ+ community. A coworker making repeated unwanted comments or engaging in unwanted physical contact. A work environment where sexual favors are encouraged for continued employment or job benefits.
There are generally two general types of sexual harassment.
- One involves situations where employment decisions are tied to whether someone submits to or rejects sexual demands.
- The other involves conduct that creates a hostile work environment. In assessing a hostile environment situation, what matters is the overall pattern of behavior, not just a single moment. How often it happened, how serious it was, and what impact it had on you all factor into the picture.
One thing worth knowing: same-sex harassment situations can sometimes go unrecognized because the conduct gets dismissed as joking around or personality clashes between coworkers of the same gender. That framing does not make the conduct lawful. If the behavior was unwelcome and sexual in nature, that can amount to harassment.
What Compensation May Be Available for a Harassment Claim?
If your situation supports a legal claim, the relief that may be available includes compensation for lost wages if your job was affected, damages for the emotional toll the harassment has taken on you, and in some circumstances, punitive damages when an employer’s response to the situation was particularly inadequate. Attorney fees may also be recoverable in certain cases.
Every case is different, and we would never want to give you false expectations about a specific outcome. What we can tell you is that the strength of a claim often depends on how well the situation is documented, how quickly someone acts, and whether the employer had any awareness of the problem. When employers are made aware of harassment and do nothing, that tends to be taken seriously under the law. When an employer responds appropriately after being notified, the legal picture can look different.
If you reported what was happening and then faced negative consequences at work, that matters too. Retaliation after reporting harassment, whether it is a demotion, a change in your schedule, being left out, or losing your job, may itself be a separate legal violation. You deserve to feel safe enough to speak up, and the law recognizes that.
What Should I Do to Start a Same-Sex Harassment Case?
Taking action can feel daunting, but our understanding and skilled lawyer will walk you through the process.
Under Minnesota law, you generally have one year from the most recent act of harassment to file a complaint with the Minnesota Department of Human Rights (MDHR). Under federal law, Minnesota workers generally have 300 days from the last incident to file a charge with the Equal Employment Opportunity Commission (EEOC). Charges filed with the MDHR or EEOC may be dual-filed with the other agency when both laws apply, so filing independently with both is generally unnecessary. We can help you assess that situation.
You do not need an attorney to begin the process, but having someone who understands how these cases develop, what evidence helps a claim, and how to navigate the investigation process can make a difference in your outcome. You have been through enough already. Let John A. Klassen help you. Contact us today to schedule a confidential and no-obligation consultation. No judgment, no pressure, just a real conversation about what happened and what your options might look like going forward. We represent clients throughout the Twin Cities and in outstate Minnesota.