Sexual Harassment Lawyer in Minneapolis Minnesota
- Steven Cerny
- Jun 3
- 8 min read
Updated: Sep 10
Sexual harassment in the workplace is unlawful in Minnesota. If you have been sexually harassed at work you may be entitled to recover damages and other compensation and relief. If you have questions about sexual harassment in the workplace, contact Minnesota employment attorney Steve Cerny.
What is considered sexual harassment in the workplace?
Sexual harassment generally includes unwelcomed sexual advances, requests for sexual favors, sexually motivated physical contact or other verbal or physical conduct or communication of a sexual nature. This includes unwelcome sexual comments or physical contact. Examples of sexual harassment include, but are not limited to:
Physical contact, including touching or groping;
Sexual comments, communications, or jokes;
Sending, displaying, or showing sexually explicit images or videos; and
Suggestive hand gestures, body language, facial expressions, or staring or leering.
In order to constitute sexual harassment, the conduct or comments must be unwelcome. This is different and distinct from whether an employee voluntarily went along with the sexual harassment or was otherwise not forced to participate in the sexual harassment against the employee’s will. Rather, one of the key elements in a sexual harassment claim is whether the conduct or comments were unwelcome by the employee.
What is quid pro quo sexual harassment?
Sexual harassment in the workplace generally falls under two categories, quid pro quo sexual harassment and hostile work environment. A quid pro quo sexual harassment claim may arise when submission to sexual harassment is made a term or condition, either explicitly or implicitly, of obtaining employment, or submission to or rejection of sexual harassment is used as a factor in decisions affecting that individual’s employment. For example, being demoted, transferred, or terminated, or being passed over for a promotion, raise, or other job benefits as a result of rejecting or not submitting to sexual harassment may constitute quid pro quo sexual harassment. Quid pro quo sexual harassment generally results in some form of economic consequences as a result of rejecting or not submitting to sexual harassment.
What is a hostile work environment based on sexual harassment?
The second category of sexual harassment in the workplace is when the conduct or communications create a hostile work environment. A hostile work environment claim based on sexual harassment may arise when sexual harassment has the purpose or effect of substantially interfering with an individual’s employment, or creates an intimidating, hostile, or offensive employment environment. For example, an employee who comes to work and is subjected to repeated unwanted physical contact, sexual comments, or sexually explicit images or jokes, may have a claim for a hostile work environment based on sexual harassment. Unlike quid pro quo sexual harassment, a hostile work environment based on sexual harassment does not necessarily have to result in economic consequences to the employee.
It is important to note that not all inappropriate conduct or communications will rise to the level of a hostile work environment based on sexual harassment as defined under the law. Courts will analyze whether the sexual harassment was minor, or if it was severe or pervasive enough so as to alter the terms, conditions, or privileges of employment. Courts will review whether the work environment was both objectively and subjectively offensive, in that a reasonable person would find the environment hostile or abusive, and the employee in fact perceived it to be so.
What should I do if I am being sexually harassed at work?
First, if you are being sexually harassed at work it is important that you say no, or otherwise reject or refuse to submit to the sexual harassment, if possible. It is best to make sure that there is no doubt that the conduct or comments are unwelcome.
Second, you should review your company’s policies regarding sexual harassment, and the procedure to follow to report sexual harassment, and promptly follow those policies and procedures. If the company does not have any policies or procedures, or if the matter requires more urgent attention, you should immediately report the matter to your supervisor, the Human Resources Department, or another senior manager or owner of the company.
Third, document and preserve evidence regarding the sexual harassment, your rejection or refusal to submit to the sexual harassment, and your efforts to resolve the matter with the company. This includes preserving any emails, text messages, images or videos, voicemails or voice recordings, your complaint to the company and any response thereto, and other evidence that may exist. You can also take notes to document everything that is happening.
Fourth, you can consider contacting a Minnesota employment attorney to further assist you if the matter is not resolved or the circumstances are such that they cannot be remedied, you are subjected to ongoing sexual harassment, or if you are otherwise retaliated against for opposing or reporting the sexual harassment.
What legal claims can I bring for sexual harassment?
Different federal and state laws may apply depending on the unique circumstances of your situation, including who your employer is, where you and your employer are located, how many employees work at your company, when the sexual harassment is occurring, and who is sexually harassing you—a coworker, supervisor, owner, vendor, customer, or visitor, etc., among other considerations. The below laws are some of the more common laws that could apply to a Minnesota employee who is experiencing sexual harassment:
Title VII of the Civil Rights Act of 1964 (“Title VII”): Title VII is a federal law that generally applies to most employers who employ at least fifteen employees. Title VII prohibits discrimination in the workplace based on sex, which includes sexual harassment.
The Minnesota Human Rights Act (“MHRA”): The MHRA is a Minnesota state law that generally applies to most employers who employ at least one employee. Similar to Title VII, the MHRA prohibits discrimination in the workplace based on sex, which includes sexual harassment.
Common Law Civil Assault or Civil Battery: Civil assault or battery claims arising under Minnesota common law may apply to a matter involving sexual assault and/or sexual battery. This is separate from any criminal charges that may apply to a sexual assault and/or sexual battery.
Common Law Negligence: Under Minnesota common law there are different types of negligence claims that may apply to a matter involving sexual harassment.
The Minnesota Workers’ Compensation Act (“MWCA”): The MWCA is a Minnesota state law that may apply to a matter involving an injury resulting from sexual harassment.
It is important to note that each of the above laws has different elements that must be met that may or may not apply to your matter, and some laws may exclusively govern a matter depending on the unique circumstances of the situation. The above list is by no means exhaustive, and your matter could involve laws that are not included herein.
How can I prove that I am being sexually harassed?
Sexual harassment claims can be difficult to prove, and many disputes involve “he said, she said” arguments—your word against the person harassing you. As such, one of the most important things that you can do to help prove that you are being sexually harassed at work is to document and preserve evidence regarding the sexual harassment, if possible. This includes documenting and preserving any records regarding your rejection or refusal to submit to the sexual harassment, and your efforts to resolve the matter with the company. Some of the most successful lawsuits involving sexual harassment involved documentary evidence of the sexual harassment, such as emails, text messages, images or videos, voicemails or voice recordings, etc., that were preserved. Taking notes can also be a key element to help prove you are being or were sexually harassed in the absence of other records. If there are any witnesses to the sexual harassment that can corroborate your story, this can also be very helpful in proving that you are being sexually harassed. Hiring an experienced Minnesota employment attorney is also important to make sure you are taking appropriate steps to preserve your rights and properly support your legal claims.
How long do I have to pursue a claim for sexual harassment?
If you are experiencing sexual harassment in the workplace, you should immediately address the matter with your employer in an effort to resolve the situation. If you are not able to promptly resolve the matter with your employer, or the matter is such that it cannot be resolved or remedied, you should consider immediately pursuing any legal claims that you may have. The above referenced laws, and other laws that may apply to your situation, have statutes of limitations—time periods by when you must pursue a legal claim under that law or your claim will be barred. Some of these statutes of limitations are very short. For example, for these types of claims the statute of limitations under Title VII is 300 days in Minnesota, and the MHRA’s statute of limitations is one year. As such, you should not delay pursuing any legal claims that may apply to your circumstances.
What amount can I recover in a settlement for sexual harassment?
It is not uncommon for sexual harassment claims to settle before the employee moves forward with filing a charge with an administrative agency or pursuing a lawsuit in court. This is especially the case with stronger claims or claims that are supported by some form of documentary evidence, such as emails or text messages, or that are corroborated by witnesses. Each settlement will vary depending on the unique circumstances of the case, including the severity of the sexual harassment and the employer’s willingness to resolve the matter without having to litigate the dispute.
Past results: Minnesota employment attorney Steve Cerny represents victims of sexual harassment in the workplace and he has obtained many prelitigation settlements for his clients.
As one example, Steve represented an employee who was sent sexually explicit text messages by the owner of the company that included inappropriate requests. The matter settled before the case was filed for $65,000.
As a second example, Steve represented an employee who was sexually harassed by her boss over an extended period of time, was subjected to unwelcomed physical contact, and was pressured into inappropriate situations. The matter settled before the case was filed for $500,000.
Past results are not indicative of future results and the above results do not mean that your case is worth the same amount. The value of your case depends on a number of different factors.
What damages can I recover if I pursue a claim for sexual harassment?
If the dispute is not resolved through an early settlement and you move forward with your legal claims, common recoverable damages for sexual harassment can include compensatory damages such as lost wages and benefits, emotional distress and mental anguish damages, punitive damages, double or treble compensatory damages, and your attorneys’ fees and costs. The types of damages and the amount thereof that you may be able to recover if you win your legal claims will vary depending on which claims apply to your situation and the types of damages that you suffered.
Get help from a sexual harassment lawyer in Minnesota
If you are being sexually harassed in the workplace, contact attorney Steve Cerny. Steve is an experienced sexual harassment lawyer in Minnesota, and he has been recognized as a top-rated attorney by Super Lawyers® and his peers. He has extensive experience representing clients before state and federal agencies, and in state and federal courts, in addition to obtaining many prelitigation settlements on behalf of his clients. Steve will analyze your potential case, advise you of your rights and options, and answer any questions you may have. If Steve represents you in your matter, he will aggressively advocate for your rights and for just compensation for the harm and damage that you suffered.
