Title VII of the Civil Rights Act of 1964, and its amendments, afford employees the right to work in an environment free from discriminatory intimidation, ridicule, and insult. This law establishes a clear policy against sexual harassment in the workplace. Moreover, the laws are clear that an employer is required to take adequate action to eliminate sexual harassment from the workplace and to take steps to prevent current and future occurrences.

Reasonable steps that an employer may take to prevent harassment may include:

• Affirmatively raising the issue of harassment
  
• Expressing strong disapproval of harassment
  
• Developing sanctions for harassment
  
• Informing employees that they have rights when it comes to harassment and educate them on what to do if such events occur
  
• Educate all employees on what constitutes harassment
  

The claim of sexual harassment can take two forms. The first is a person being subjected to a hostile environment because of conduct by another, which creates an abusive working environment. The second form is known as "quid pro quo," which requires proof of an economic loss before your claim can be successful. These losses may include firing, a failure to receive a raise or promotion, or other direct loss of remuneration in the work place.

Sexual harassment claims:

• generally arise out of an employment or professional (i.e. therapist/patient) relationship.
  
• can be brought by either male and female employees, applicants for employment or independent contractors.
  
• can involve harassment by the same sex.
  
• can be brought by an employee who was not directly harassed, but who found that their work environment became hostile or uncomfortable because of harassment to another, in the same workplace.
  

To prevail in a sexual harassment claim, the plaintiff must prove that the sexual harassment was severe or pervasive enough to alter working conditions and to create an abusive environment. A plaintiff must show that a reasonable person would have considered the same conduct as severe or pervasive. The more severe the conduct, the less it has to be pervasive. Considerations include frequency of the conduct, severity of the conduct, physically threatening or humiliating conduct, and conduct which interferes with work performance.

Successful claimants in sexual harassment cases may be entitled to recover damages for medical and psychiatric expenses, wage losses, and damages for emotional distress and punitive damages. A plaintiff may recover punitive damages (damages awarded to punish) from the employer if it is proven that the:

• employer hired or retained a harassing individual even though the employer was aware of their actions.
  
• employer encouraged or approved of the wrongful conduct.
  
• employer was personally guilty of oppression, fraud or malice.
  

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