Utah Employment Law
Sexual Harassment
Lawyer Utah
Workplace sexual harassment is illegal under federal and Utah law. If you have experienced unwanted sexual conduct at work — whether from a supervisor, coworker, or client — you have rights. Stavros Law P.C. represents victims with discretion and determination.
Types of workplace harassment
What counts as sexual harassment?
Sexual harassment takes many forms. Understanding the legal categories helps you recognize whether your experience may give rise to a claim.
Quid pro quo harassment
A supervisor conditions a job benefit — promotion, raise, continued employment — on submission to sexual conduct. This is the most direct form of sexual harassment and creates strict employer liability.
Hostile work environment
Unwelcome sexual conduct — comments, jokes, touching, images — that is severe or pervasive enough to create an abusive working environment. A single extremely severe act can qualify.
Retaliation for reporting
Adverse action taken against an employee for reporting harassment, filing an EEOC charge, or participating in an investigation. Retaliation is a separate, independently actionable violation.
Third-party harassment
Harassment by customers, clients, vendors, or contractors. Employers can be liable when they know about third-party harassment and fail to take corrective action.
Protect your rights
What to do if you are being harassed
01
Document everything
Record dates, times, locations, witnesses, and exact words or actions. Save emails, texts, and any other evidence.
02
Report internally
Use your employer's complaint process (HR or a designated supervisor). This creates a record and may be legally required to preserve certain claims.
03
Consult an attorney
An employment attorney can evaluate your claim, advise on evidence, and ensure you meet filing deadlines before they expire.
04
File with the EEOC or UALD
A charge must be filed within 300 days. An attorney can handle this process and negotiate on your behalf.
Utah-specific law
The legal framework for harassment claims in Utah
Sexual harassment is a form of sex discrimination prohibited by Title VII of the Civil Rights Act of 1964 and the Utah Antidiscrimination Act (Utah Code § 34A-5-101 et seq.). Both statutes apply to employers with 15 or more employees.
To establish a hostile work environment claim, the conduct must be: (1) unwelcome; (2) based on sex; (3) sufficiently severe or pervasive to alter the conditions of employment; and (4) attributable to the employer. Courts look at the totality of circumstances — frequency, severity, whether it was physically threatening, and whether it unreasonably interfered with work performance.
Employer liability depends on who committed the harassment. For supervisor harassment resulting in a tangible employment action, the employer is strictly liable. For supervisor harassment without a tangible action, the employer may assert the Faragher/Ellerth affirmative defense — showing it had a reasonable anti-harassment policy and the employee unreasonably failed to use it.
Charges must be filed with the EEOC or UALD within 300 days of the harassing conduct. The continuing violation doctrine may allow earlier acts to be included if at least one act occurred within the 300-day window.
Common questions
Sexual harassment FAQ
What is sexual harassment under Utah and federal law?
Sexual harassment is a form of sex discrimination prohibited by Title VII and the Utah Antidiscrimination Act. It includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that affects employment conditions or creates a hostile work environment.
What is the difference between hostile work environment and quid pro quo harassment?
Quid pro quo: a supervisor conditions employment benefits on submission to sexual conduct. Hostile work environment: unwelcome sexual conduct is severe or pervasive enough to create an abusive workplace. Both are illegal.
Can I be harassed by someone of the same sex?
Yes. The Supreme Court held in Oncale v. Sundowner (1998) that same-sex sexual harassment is actionable under Title VII. The conduct itself determines illegality, not the sexes involved.
What should I do if I am being sexually harassed at work?
Document every incident, report through your employer's internal complaint process, save all relevant communications, and consult an employment attorney promptly. Filing deadlines are strict.
When is an employer liable for harassment by a supervisor?
Strict liability for quid pro quo harassment resulting in a tangible employment action. For hostile environment harassment, the employer may assert the Faragher/Ellerth defense if it had a reasonable complaint procedure and the employee failed to use it.
What is the filing deadline?
You must file with the EEOC or UALD within 300 days of the harassing conduct. The continuing violation doctrine may extend this for ongoing harassment.
Can my employer retaliate against me for reporting harassment?
No. Retaliation for reporting harassment or filing an EEOC charge is independently illegal. You may have both a harassment claim and a separate retaliation claim.
Confidential consultation
You don't have to face this alone.
Stavros Law P.C. handles sexual harassment cases with discretion and determination. Free case evaluations. Most employee-side cases handled on contingency.
Related: Employee Rights · Employment Discrimination · Retaliation Claims
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