The summaries below explain federal and Minnesota employment laws in everyday language. They are general information only, not legal advice. Every situation is different. If you believe your rights have been violated, talk to an employment attorney about the facts of your case.
Sexual harassment is a form of sex discrimination prohibited by both Title VII and the Minnesota Human Rights Act. There are two main types.
Quid pro quo harassment ("this for that") happens when someone with power over your job — usually a supervisor — demands sexual favors in exchange for job benefits, or threatens your job if you refuse. The demand does not have to be spelled out; an implied threat or promise can be enough.
Hostile work environment harassment happens when unwelcome sexual conduct or comments are severe or pervasive enough to interfere with your work or create an intimidating, hostile, or offensive workplace. This can include repeated sexual jokes and comments, sexually suggestive remarks, unwanted touching, questions about your sex life, displayed pornographic images, and demeaning comments based on gender. The conduct does not have to be sexual in nature — hostility aimed at women because they are women also counts. A single incident can be enough if it is severe, such as a sexual assault. On the other hand, isolated minor incidents — like one dinner invitation or an innocent compliment — usually are not enough.
The key legal question is whether the conduct was unwelcome, not whether the employee went along with it. The law recognizes that people sometimes tolerate harassment out of fear for their jobs. The conduct must also be offensive both to a reasonable person and to the actual victim. Courts in this region judge harassment of women from the perspective of a "reasonable woman." Importantly, the Minnesota Supreme Court has instructed that harassment must be judged by today's standards, not by what workplaces tolerated 30 years ago.
When is the employer responsible? It depends on who did the harassing:
Supervisors. If a supervisor's harassment results in a concrete job action — like firing, demotion, or an intolerable environment caused by an official act — the employer is automatically liable. If there was no concrete job action, the employer can escape liability only by proving two things: that it took reasonable care to prevent and promptly correct harassment (for example, through a real policy and complaint process), and that the employee unreasonably failed to use the complaint process. A "supervisor" for this purpose is someone with power to hire, fire, demote, promote, transfer, or discipline you. Minnesota follows the same framework.
Co-workers. The employer is liable for harassment by co-workers if it knew or should have known about the harassment and failed to take prompt, appropriate action to stop it. Employees are not required to complain when the person they would have to report to is the harasser.
Customers and other non-employees. An employer can also be liable for harassment by customers, clients, patients, or vendors if it knows about the harassment and fails to take reasonable steps to protect its employee.
Under federal law, only the employer — not the individual harasser — can be sued. Under Minnesota law, however, individual managers can sometimes be held personally liable if they knowingly aided and abetted the discrimination.
Every workplace should have a written anti-harassment policy with a clear way to report complaints, training for all employees, and prompt, fair investigations. The absence of a policy can cost an employer dearly — and a strong policy can protect employees and employers alike.
These summaries reflect the law as described in current legal reference materials and are provided for general education. Laws change, deadlines are strict, and small facts can make a big difference. If you have questions about your specific situation, begin a free case evaluation to discuss your situation.