Many people are surprised to learn that courts don’t consider all sexual harassment illegal. In fact, before a sex harassment case goes before a jury, a judge usually first needs to decide whether the allegations of harassment are “severe or pervasive.”
If a judge decides the allegations are severe or pervasive, then you are entitled to a jury trial.
What is “severe or pervasive” sexual harassment?
“Severe or pervasive” is just legalese for saying the sexual harassment was really bad or happened a lot—enough to alter the working conditions for the employment relationship to become abusive.
Okay, then what is really bad—or a lot of—harassment?
Minnesota lawmakers define sexual harassment to include:
Unwelcome sexual advances
Requests for sexual favors
Sexual contact
Sexual communication
Of particular concern is when the sexual harassment is required for the job or to get a promotion.
How do judges typically decide whether someone’s conduct is sexual harassment?
Historically, and very unfortunately, judges have often dismissed allegations of sexual harassment that most people would find shocking. Courts would sometimes chalk up the conduct to an “unsuccessful pursuit of a relationship,” or just “immature” or “boorish” or “chauvinistic” behavior.
But not anymore.
Judges—especially Minnesotans—are catching up with the times thanks to an important case that went up to the Minnesota Supreme Court.
Why are sexual harassment claims easier to pursue now?
In 2020, every single justice on the Minnesota Supreme Court signed off on an opinion that basically instructed Minnesota courts to get with the times.
In that case, called Kenneh v. Homeward Bound, Inc., the justices said sexual harassment standards “must evolve to reflect changes in societal attitudes.” And the justices even acknowledged that people today “would likely not tolerate the type of workplace behavior that courts previously brushed aside.”
How are today’s sexual harassment cases decided?
Under the new standard created by the Minnesota Supreme Court, judges must look at “all the circumstances” regarding the sexual harassment to decide whether the conduct was severe or pervasive.
Is there anything else important to know regarding sexual harassment cases?
There’s a lot to know, and that’s why it’s helpful to reach out to a lawyer. For example, employers can sometimes get cases dismissed based on whether they had a chance to stop the harassment. In short, it can get complicated.
What should I do if I want to learn more about whether I have a sexual harassment case?
Feel free to book a free, 20-minute consultation with a lawyer at Haller Kwan LLP by clicking this link. All conversations are strictly confidential.
