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Sexual harassment is unlawful under both state and federal laws. Simply stated, sexual harassment is
an abuse of the employer's power. There are two types of sexual harassment:
Quid pro quo harassment occurs when an employer conditions any term of employment on
the performance of sexual favors. For example, an employer cannot require an employee to engage in sexual
conduct to keep from getting fired.
A hostile work environment occurs when an employer maintains an environment where a)
offensive conduct of a sexual nature is either tolerated or encouraged, and b) that conduct makes
others feel uncomfortable or conditions unreasonably interfere with an employee's performance in
the workplace on account of his or her sex. A hostile work environment can also exist on the basis
of race, sexual orientation, color, religion, disability or age. This illegal conduct can include
uninvited touching or groping, lewd comments, dirty jokes and even physical assault.
The statute of limitations to bring discrimination claims, such as sexual harassment, is often very
short. Employees who believe they have a claim should seek counsel right away.
(See also Retaliation and Discrimination.)
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