50-State Survey

Federal & State Fair Employment Practices Laws

The information provided in this survey about state and federal Fair Employment Practices (FEP) laws is for informational purposes only. It is not for the purpose of providing legal advice, and it should not be relied on as legal advice. Labor and employment law is a dynamic area. The applicability of various laws may depend on employee headcounts in a particular jurisdiction.

This publication is not all-inclusive. Local ordinances, state and federal regulations and Executive Orders may also provide additional protection to employees, especially public employees or government contractors. Some states also have separate statutes that protect employee conduct, including political activity, use of lawful products such as tobacco, reporting illegal practices of any kind, or retaliation for exercising various rights under the labor and employment laws. To the extent that those activities are listed in the states' fair employment statute, we have attempted to identify them. If those categories are elsewhere in the statutes, we have not included them in this survey. This survey also does not address the Family and Medical Leave Act or the Equal Pay Act or similar state statutes.

Exceptions, the interplay of federal and state laws, and other laws may impact your obligations. Always speak with HR or senior management to verify the current status of the law, to determine whether the law applies to your employees, and to determine how to deal with a particular issue or problem. Generally, employers have an obligation to comply with both federal and state wage and hour laws. In instances where the federal law provides greater protections or rights, federal law applies. If state law provides greater rights (and is not inconsistent with federal law), employees are entitled to the benefits of state law. When you consider your obligations, it is best to evaluate both federal and state law obligations together.

Some links to various state and federal agencies are provided for your reference. Periodically, however, these agencies change website layouts or structure, which can result in links that don’t work. In the event you discover a link is no longer working, visit the agency’s main website and use the search feature to find the information.

FEDERAL

Definition of Sexual Harassment

The information below references statutory language, agency rules, and/or information found on agency websites. This section does not generally reference case law or local law that can expand upon the definition of harassment or the viability of a claim based on protected class harassment. It is important to review relevant case law and statutes (federal, state and local) carefully to ensure full compliance and understanding of the law and legal obligations.

Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Under federal law, sexual harassment is defined as:

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

a. Submission to such conduct is made either explicitly or implicitly a term or condition of the individual’s employment;

b. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or

c. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

29 C.F.R. § 1604.11

The federal law’s definition of sexual harassment comes from the Civil Rights Act of 1964, which prohibits sex discrimination in employment:

It shall be an unlawful employment practice for an employer (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin.

See 42 U.S.C. § 2000e-2(a)(1).

Sexual harassment can occur in a variety of circumstances, including but not limited to the following:

The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.
The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a coworker, or a non-employee.
The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
The harasser's conduct must be unwelcome.

For more information about the EEOC’s position on harassment and additional resources, visit the agency’s website. Here you can also find:

· Guidance on the definition of harassment

· Guidance on vicarious liability for supervisor harassment

· Guidance on Harris v. Forklift Syst.

Categories Protected by FEP Statutes

The following does not cover case law that may expand on or define categories listed under federal statutes.

Race, color, national origin (includes ancestry), religion, sex (including gender identity, gender expression, sexual orientation, transgender status and pregnancy), citizenship, and genetic information (the collection, use and disclosure of genetic information, with some limited exceptions, are prohibited.) See 42 U.S.C. §§ 2000e et seq. (Title VII), 2000ff et seq. (GINA), 12101 et seq. (ADA); 29 U.S.C. §§ 621 et seq. (ADEA), 8 U.S.C. § 1324b(a)(1), (3), (4) (IRCA); see also 29 C.F.R. § 1606.1 (EEOC Guidelines on Discrimination Based on National Origin).

Age (40 or older) under the ADEA. See 29 U.S.C. § 621, et seq.

Physical and mental disabilities (includes being “regarded as disabled”) under the ADA. See 42 U.S.C. § 12101, et seq.

Military status. 38 U.S.C. § 4303(16).

Enforcement Agency

Equal Employment Opportunity Commission (EEOC)

Days to File a Claim

Must be filed within 180 days of the alleged violation, unless charge is covered by state or local antidiscrimination law, then the time is extended to 300 days. 29 C.F.R. § 1601.13.

For ADEA charges, only state laws extend the filing limit to 300 days.

Examples of Some Available Remedies

Title VII:

· Back pay

· Front pay

· Compensatory damages—capped*

· Punitive damages—capped*

· Injunctive relief

· Promotion

· Reinstatement

· Hiring

· Attorneys’ fees/costs

· Prejudgment Interest

ADEA:

· Back pay

· Liquidated damages

· Front pay

· Injunctive relief

· Hiring

· Promotion

· Reinstatement

· Reasonable attorneys’ fees/costs

· Prejudgment interest

ADA (same as Title VII):

· Back pay

· Front pay

· Compensatory damages*

· Punitive damages*

· Injunctive relief

· Promotion

· Reinstatement

· Hiring

· Attorneys’ fees/costs

· Prejudgment Interest

· Reasonable accommodation

Note: for retaliation claims, only equitable relief may be available

Section 1981/1983 Claims (race/national origin) (largely same type of relief as Title VII):

· Back pay

· Compensatory damages

· Punitive damages

· Injunctive relief

· Promotion

· Reinstatement

· Hiring

USERRA

· Back pay

· Front pay

· Injunctive relief

· Liquidated damages

* Compensatory and punitive damages are capped between $50,000 and $300,000 at the federal level, depending on the size of the employer. Compensatory damages generally include payment for pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and loss of future income due to the discrimination.

ALABAMA

Definition of Sexual Harassment

There is no specific definition of harassment under state law.

Categories Protected by State FEP Statutes

The following is not a comprehensive list of every category protected by every state law. Rather, it is a list of those categories protected by each state’s primary FEP statute(s). For example, many states have separate statutes that protect employees who use tobacco, who have an arrest record, or who engage in political activity. Those types of separate statutes are not discussed below.

Also, it does not cover all case law that may expand on or define categories listed under state statutes. In addition, some cities may also have ordinances or laws that prohibit discrimination. These laws may be broader than state statutes and are not reflected below.

Age (40 or older). See Ala. Code § 25-1-20, et seq.

Other Protections

Sexual harassment claims are maintained under common-law tort theories, such as assault and battery, invasion of privacy, negligent training and supervision, and outrage. Alabama does not recognize an independent cause of action for sexual harassment. See Machen v. Childersburg Bancorporation, Inc., 761 So. 2d 981, 983 n.1 (Ala. 1999).

Prohibits discrimination against individuals exercising adoptive parents’ leave rights. Ala. Code § 9-9-105

Enforcement Agency

Alabama does not have a state administrative agency to accept discrimination charges; plaintiffs need to file their charges of discrimination with their local EEOC:

EEOC’s Birmingham District Office

Ridge Park Place

1130 22nd St. South, Suite 2000

Birmingham, AL 35205

Phone: (800) 669-4000

EEOC’s Mobile District Office

63 South Royal Street, Suite 504

Mobile, Alabama 36602

Phone: (800) 669-4000

Days to File a Claim with a State Agency

Alabama does not have a state administrative agency to accept discrimination charges; plaintiffs may either go to court or file a charge of discrimination within 180 days with the EEOC.

Examples of Some Available Remedies

Age:

Remedies under Title VII of the Civil Rights Act of 1964 as amended, and the Age Discrimination in Employment Act 29 U.S.C. Section 621, or
Civil action in the circuit court of the county in which the person was or is employed for such legal or equitable relief as will effectuate the purposes of this article. See Ala. Code § 25-1-29.

Sexual Harassment:

Common law tort remedies for assault and battery, invasion of privacy, negligent training and supervision, and outrage, including punitive damages. See Machen v. Childersburg Bancorporation, Inc., 761 So. 2d 981, 983 (Ala. 1999).

ALASKA

Definition of Sexual Harassment

Alaska prohibits discrimination on the basis of sex. See Alaska Stat. § 18.80.220. Alaska’s Supreme Court has held that the state standard for harassment is the same as the federal standard (as articulated by the U.S. Supreme Court in Harris v. Forklift Systems, Inc.). See French v. Jadon, Inc., 911 P.2d 20, 28 (Alaska 1999); Norcon, Inc. v. Kotowski, 971 P.2d 158, 171 (Alaska 1999). In general, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, or verbal/physical/visual conduct of a sexual nature, which constitutes sexual harassment when:

Plaintiff was subjected to sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature;
This conduct was unwelcome;
The conduct was sufficiently severe or pervasive to alter the conditions of the plaintiff's employment and to create an abusive working environment; and
Plaintiff suffered damages as a result of the sexual harassment.

Norcon, 971 P.2d at 171.

Categories Protected by State FEP Statutes

Race, religion, color, national origin (which includes ancestry), age, physical or mental disability (includes being treated as having a physical or mental disability), sex, marital status (and changes thereto), pregnancy, and parenthood. See Alaska Stat. §§ 18.80.220, 47.30.865.

Other Protections

National Guard or Naval Militia status. Alaska Stat. § 26.05.340.

DNA sample / analysis (DNA or genetic typing and testing). Alaska Stat. §§ 18.13.010 et seq.

Enforcement Agency

Alaska State Commission for Human Rights

800 A St., Ste 204

Anchorage, AK 99501-3669

Phone: (907) 274-4692 or (800) 478-4692

Days to File a Claim with a State Agency

300 days. 6 Alaska Admin. Code 30.230.

Examples of Some Available Remedies

Economic Relief

Back pay
Compensatory damages if appropriate
Punitive damages (from $200,000 to $500,000 depending on employer size, but note the State Commission for Human Rights has no authority to order an award of punitive damages in a case)

Injunctive/Equitable Relief

Hiring
Reinstatement
Promoting or upgrading
Training
Prehearing injunction
Attorney’ fees/costs
May order any appropriate relief

ARIZONA

Definition of Sexual Harassment

Harassment is a form of prohibited discrimination under state statute. The state statute does not contain a special definition of harassment. Courts have applied the standards used in Title VII cases to harassment cases brought under the Arizona Civil Rights Act. See Smith v. ITT Corp., 918 F. Supp. 304, 308 (D. Ariz. 1995). A plaintiff must prove severe or pervasive misconduct by a supervisor or co-worker that is sexual in nature and that alters the condition of employment and creates an abusive working environment. Id. at 307.

Categories Protected by State FEP Statutes

Race, color, religion, sex (including pregnancy), age (40 or older), disability (including record of, or regarded as, having a disability), national origin, and genetic test results. See Ariz. Rev. Stat. Ann. §§ 23-341, 41-1461, 41‑1463, 41-1464, 41-1465.

Sexual orientation prohibitions applicable to state employers are covered by Exec. Order 2003-22.

Other Protections

Military forces of the state or the United States. Ariz. Rev. Stat. Ann. § 26-167.

Status as a medical marijuana permit holder. Ariz. Rev. Stat. Ann. § 36-2813.

Enforcement Agency

Arizona Attorney General

Civil Rights Division

Phoenix Office

2005 N Central Ave

Phoenix, AZ 85004-2926

Phone: 602.542.5025

Tucson Office

400 West Congress, Suite S-315
Tucson, AZ 85701
Phone: 520.628.6504

Days to File a Claim with a State Agency

To proceed with a state claim, plaintiff must file with the CRD (or cross-file with the EEOC) within 180 days. A.R.S. § 41-1481(A)

Examples of Some Available Remedies

Economic Relief

Back pay (max 2 years)
Compensatory damages

Injunctive/Equitable Relief

Cease-and-desist order
Temporary injunction
Hiring
Reinstatement
Promotion
Attorneys’ fees/costs
Order such affirmative action as may be appropriate

ARKANSAS

Definition of Sexual Harassment

The Arkansas Civil Rights Act, Ark. Code Ann. § 16-123-107 prohibits discrimination on the basis of gender. However, because the Act does not include language specifically defining workplace sexual harassment, Arkansas courts look to the federal courts for guidance and has concluded that the ACRA prohibits sexual harassment. See Island v. Buena Vista Resort, 352 Ark. 548, 676-77 (Ark. 2003).

Categories Protected by State FEP Statutes

Race (including traits historically associated with race, including but not limited to, hair texture and protective hairstyles), religion, national origin (including ancestry), gender (including pregnancy, childbirth or related medical conditions), military service, or the presence of any sensory and mental or physical disability. See Ark. Code Ann. §§ 11-4-601, 12-62-801, 16-123-102(6); 16-123-107.

Other Protections

Genetic testing/information. Ark. Code Ann. § 11-5-403.

Enforcement Agency

No state agency assigned to enforce the civil rights laws. Employees should file charges with their local EEOC.

EEOC’s Little Rock Area Office

820 Louisiana St., Suite 200

Little Rock, AR 72201

Phone: (800) 669-4000

Days to File a Claim with a State Agency

Arkansas does not have a state administrative agency to accept discrimination charges; plaintiffs may either go to court or file a charge of discrimination within 180 days with the EEOC.

Examples of Some Available Remedies

Economic Relief

Back pay (max 2 years)
Compensatory damages & punitive damages ($15,000–$300,000, depending on size of employer)

Injunctive/Equitable Relief

Cease-and-desist order
Attorneys’ fees & costs of litigation

May Recover If Appropriate Affirmative Relief

Hiring
Reinstatement
Promotion

CALIFORNIA

Definition of Sexual Harassment

California’s Department of Fair Employment and Housing (DFEH) defines sexual harassment as a form of discrimination based on sex/gender (including pregnancy, childbirth, or related medical conditions), gender identity, gender expression, or sexual orientation. Individuals of any gender can be the target of sexual harassment. Unlawful sexual harassment does not have to be motivated by sexual desire. Sexual harassment may involve harassment of a person of the same gender as the harasser, regardless of either person’s sexual orientation or gender identity. Behaviors that may be sexual harassment include:

· Unwanted sexual advances;

· Offering employment benefits in exchange for sexual favors;

· Leering; gestures; or displaying sexually suggestive objects, pictures, cartoons, or posters;

· Derogatory comments, epithets, slurs, or jokes;

· Graphic comments, sexually degrading words, or suggestive or obscene messages or invitations; or

· Physical touching or assault, as well as impeding or blocking movements.

See DFEH Sexual Harassment Fact Sheet.

California’s Fair Employment and Housing Act (FEHA) prohibits sex discrimination in employment by the following statutory provision

It is an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon applicable security regulations established by the United States or the State of California: (a) For an employer, because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, reproductive health decisionmaking, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status of any person, to refuse to hire or employ the person or to refuse to select the person for a training program leading to employment, or to bar or to discharge the person from employment or from a training program leading to employment, or to discriminate against the person in compensation or in terms, conditions, or privileges of employment.

Cal. Gov’t Code § 12940(a).

The FEHA also contains a provision prohibiting sexual harassment in employment

For an employer, labor organization, employment agency, apprenticeship training program or any training program leading to employment, or any other person, because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, reproductive health decisionmaking, or veteran or military status, to harass an employee, an applicant, an unpaid intern or volunteer, or a person providing services pursuant to a contract. Harassment of an employee, an applicant, an unpaid intern or volunteer, or a person providing services pursuant to a contract by an employee, other than an agent or supervisor, shall be unlawful if the entity, or its agents or supervisors, knows or should have known of this conduct and fails to take immediate and appropriate corrective action. An employer may also be responsible for the acts of nonemployees, with respect to harassment of employees, applicants, unpaid interns or volunteers, or persons providing services pursuant to a contract in the workplace, if the employer, or its agents or supervisors, knows or should have known of the conduct and fails to take immediate and appropriate corrective action. In reviewing cases involving the acts of nonemployees, the extent of the employer’s control and any other legal responsibility that the employer may have with respect to the conduct of those nonemployees shall be considered. An entity shall take all reasonable steps to prevent harassment from occurring. Loss of tangible job benefits shall not be necessary in order to establish harassment.

Cal. Gov't. Code § 12940(j)(1).

Further, the FEHA prohibits “abusive conduct” as follows:

“Abusive conduct” means conduct of an employer or employee in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer's legitimate business interests. Abusive conduct may include repeated infliction of verbal abuse, such as the use of derogatory remarks, insults, and epithets, verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, or the gratuitous sabotage or undermining of a person's work performance. A single act shall not constitute abusive conduct, unless especially severe and egregious.

Cal. Gov't. Code § 12950.1(g)(2)

All employers of 5 or more employees are required to provide training to their employees regarding sexual harassment and abusive conduct prevention.

Categories Protected by State FEP Statutes

Race (including traits historically associated with race, including but not limited to, hair texture and protective hairstyles), religious creed (including all aspects of religious belief, observance, and practice, including religious dress and grooming practices), color, national origin (including discrimination on the basis of possessing special drivers' licenses provided to undocumented persons), ancestry, physical disability (including HIV/AIDS), mental disability, medical condition (cancer and genetic characteristics), genetic information, marital status (including domestic partnership), sex (including gender, gender identity and expression,[1] pregnancy, childbirth, breastfeeding or related medical conditions), age (40 or older), sexual orientation, reproductive health decisionmaking, gender identity, military or veteran status, employees transitioning, language, accent, or English proficiency, or a perception that the person has any of these characteristics. See Cal. Gov't Code §§ 12926(b), (g), (i)-(s), 12926.1(b) and 12940(a), Cal. Code Regs. tit. 2, § 11027.1(a), Cal. Code Regs. tit. 2, § 11028(a).

Other Protections

In addition, employers with 5 or more employees may not discriminate against any individual because of the individual’s exercise of the right to family care and medical leave, or because of an individual’s giving information or testimony as to his or her own family care and medical leave, or another person's family care and medical leave, in any inquiry or proceeding. Cal. Gov’t Code §§ 12945, 12945.2.

Civil Air Patrol (CAP) membership / use of CAP leave to respond to emergency. Cal. Lab. Code §§ 1502, 1506.

Exercise of bone marrow and organ donation leave rights. Cal. Lab Code § 1512.

Hospital employees reporting suspected patient abuse. Cal. Gov’t Code § 12940(g).

Victims of domestic violence, sexual assault, or stalking who take time off for activities related with such crimes or in a jury. Cal. Lab. Code § 230 and 230.1.

Retaliation

The FEHA contains the following definition of unlawful retaliation (California Government Code § 12940(h)):

For any employer, labor organization, employment agency, or person to discharge, expel, or otherwise discriminate against any person because the person has opposed any practices forbidden under this part or because the person has filed a complaint, testified, or assisted in any proceeding under this part.

Reporting

In addition to filing a complaint internally with their employer, employees may also file a complaint with the DFEH. To preserve all your legal rights, you must timely file such a complaint of discrimination or harassment with the department prior to filing a lawsuit. For more information, visit the agency’s website.

Enforcement Agency

Bakersfield Office

4800 Stockdale Highway, Suite 215

Bakersfield, CA 93309

Phone: 661.395.2729

Elk Grove Office

2218 Kausen Drive, Suite 100

Elk Grove, CA 95758

Phone: 916.478.7251

Fresno Office

1277 E. Alluvial Avenue, Suite 101

Fresno, CA 93720

Phone: 559.244.4760

Los Angeles Office

320 West 4th Street, 10th Floor

Los Angeles, CA 90013

Phone: 213.439.6799

Oakland Office

555 12th Street, Suite 2050

Oakland, CA 94607

Phone: 800.884.1684

Riverside Office

1325 Spruce Street, Suite 320

Riverside, CA 92507

Phone: 800.884.1684

Days to File a Claim with a State Agency

Three years from the date upon which the unlawful practice occurred. Cal. Gov't Code § 12960; AB 9.

Examples of Some Available Remedies

In California, individual employees—even those in non-management and nonsupervisory positions, may be held individually liable for engaging in unlawful harassment. Other available remedies include:

· Back pay

· Front pay

· Compensatory damages

· Punitive damages

· Attorneys' fees

· Out-of-pocket costs

· Reinstatement

· Training

· Injunctive relief

· Emotional distress damages

COLORADO

Definition of Sexual Harassment

The Colorado state employment discrimination statute expressly prohibits harassment on the basis of disability, race, creed, sex, sexual orientation, religion, age, national origin, or ancestry. Colo. Rev. Stat. § 24-34-401 et seq.

The definition section provides that it shall be a discriminatory or unfair employment practice:

“For an employer to refuse to hire, to discharge, to promote or demote, to harass during the course of employment, or to discriminate in matters of compensation, terms, conditions, or privileges of employment against any person otherwise qualified because of disability, race, creed, color, sex, sexual orientation, religion, age, national origin, or ancestry.… For purposes of this paragraph, (a) ‘harass’ means to create a hostile work environment based upon an individual’s race, national origin, sex, sexual orientation, disability, age, or religion. Notwithstanding the provisions of this paragraph (a), harassment is not an illegal act unless a complaint is filed with the appropriate authority at the complainant’s workplace and such authority fails to initiate a reasonable investigation of a complaint and take prompt remedial action if appropriate.”

Colo. Rev. Stat. § 24-34-402(1)(a). With respect to sexual harassment, the law and Regulations further provide that:

Sexual harassment which results in discrimination in employment, housing, public accommodations, or advertising on the basis of sex is a violation of the Law. Sexual harassment includes unwelcome physical or verbal conduct or any written, pictorial, or visual communication directed at an individual or group of individuals because of that individual’s or group’s membership in, or perceived membership in, a protected class, and which conduct or communication is subjectively offensive to the individual alleging harassment and is objectively offensive to a reasonable individual who is a member of the same protected class. Sexual harassment is a violation of the Law when either, submission to such conduct or communication is made either explicitly or implicitly a term of condition of employment, submission to, objection to, or rejection of the conduct or communication is used as a basis for employment decisions affecting the individual, or the conduct or communication has the purpose or effect of unreasonably interfering with the individual’s work performance or creating an intimidating, hostile or offensive working environment.

Sexual harassment shall be determined from the totality of the circumstances, which may include, but are not limited to, the nature of the conduct or communication.

3 Colo. Code Regs. § 708-1 (Rule 80.8) (A), (B)

Categories Protected by State FEP Statutes

Race (including traits commonly associated with race, including but not limited to, hair texture, hair type, and protective hairstyles), color, creed, sex (including marital status, pregnancy, childbirth and related medical conditions), age (40 and older), national origin, ancestry, physical disability (including HIV/AIDS), mental disability, religion, and sexual orientation (including orientation toward heterosexuality, homosexuality, bisexuality, or transgender status) or perception thereof, marital status, and lawful activity off employer premises during nonworking hours. Colo. Rev. Stat. §§ 24-34-401, 24-34-402; 3 Colo. Code Regs. § 708-1 (80.4 & 80.8).

An employer may not discharge an employee or refuse to hire a person solely on the basis that such employee or person is married to or plans to marry another employee of the employer (applies to employers with 26 or more employees; exceptions apply). See Colo. Rev. Stat. §§ 24-34-401, 24-34-402.

Employers may not discriminate against employees who are the victims of domestic abuse, stalking, sexual assault or any other crime (applies to employers with 50 or more employees). Colo. Rev. Stat. Ann. 24-34-402.7.

Other Protections

Civil Air Patrol status. Colo. Rev. Stat. § 28-1-103.

Enforcement Agency

Division of Civil Rights Enforcement Agency - Main Office

Colorado Civil Rights Division

1560 Broadway, Suite 825

Denver, CO 80202

Phone: (303) 894-2997 or (800) 886-7675

Days to File a Claim with a State Agency

6 months. Colo. Rev. Stat. § 24-34-403.

Examples of Some Available Remedies

Economic Relief

Back pay
Front Pay
Compensatory / Punitive damages
Emotional distress damages
Reasonable attorneys’ fees/costs
Other equitable relief

Injunctive/Equitable Relief

Cease-and-desist order
Hiring
Reinstatement
Attorneys’ fees
Other affirmative action

CONNECTICUT

Definition of Sexual Harassment

The Connecticut Fair Employment Practices Act expressly prohibits workplace sexual harassment. The statute provides that “It shall be a discriminatory practice in violation of this section: For an employer, by the employer or the employer’s agent, for an employment agency, by itself or its agent, or for any labor organization, by itself or its agent, to harass any employee, person seeking employment, or member on the basis of sex or gender identity or expression." Conn. Gen. Stat. Ann. § 46a-60(b).

‘Sexual harassment’ shall, for the purposes of this section, be defined as any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when either:

a. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

b. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or

c. That conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.

Unlawful harassment can also be based on sex or because of sex, and may also include gender harassment, and harassment based on pregnancy, childbirth, or related medical conditions. Conn. Gen. Stat. § 46a-60(b); Conn. Agencies Regs. §§ 46a-54-200(a).

These protections apply to all employees, including interns and employees of institutions of higher education.

These prohibitions against sexual harassment are distinct from the legal prohibitions of illegal harassment based upon an individual’s race, color, religious creed, age, sex, gender identity or expression, marital status, national origin, ancestry, present or past history of mental disability, intellectual disability, learning disability or physical disability, including, but not limited to, blindness, or sexual orientation.

Employers with one or more employees must provide training to all employees.

Categories Protected by State FEP Statutes

Race (including physical ethnic traits historically associated with race, including, but not limited to, hair texture and protective hairstyles), color, religious creed, age, marital status (including civil unions), national origin, sex (including pregnancy, childbirth, child-bearing capacity, sterilization, fertility, lactation and related conditions), gender identity or expression, sexual orientation (actual or perceived, and having a history of or being identified with a preference for homosexuality, bisexuality or heterosexuality), ancestry, present or past history of mental disability, intellectual disability, victim of domestic violence, genetic information and learning or physical disability (including blindness). See Conn. Gen. Stat. Ann. §§ 46a-51; 46a-60; 46a-81c.

Other Protections

Status as a qualifying medical marijuana patient or primary caregiver. Conn. Gen. Stat. Ann. §§ 21a-408 et seq.

Breastfeeding in the workplace. Conn. Gen. Stat. Ann. §31-40w.

Use of tobacco outside the course of employment. Conn. Gen. Stat. Ann. §31-40s.

Witnesses and victims of crimes. Conn. Gen. Stat. Ann. § 54-85b.

Exercise of paid sick leave rights. Conn. Gen. Stat. Ann. § 31-57v.

Reporting

In addition to filing a complaint internally with their employer, employees may also contact the Connecticut Commission on Human Rights and Opportunities (CHRO). To preserve your legal rights, you must timely file such a charge of discrimination or harassment with the commission prior to filing a lawsuit.

Enforcement Agency

Connecticut Commission on Human Rights and Opportunities

Central Office

450 Columbus Boulevard

Hartford, CT 06103

Phone: 860.541.3400

Toll Free: 1-800-477-5737

860.566.7710 (TDD)

Fax: Refer to specific units, available on the agency website.

Capitol Region Office

450 Columbus Boulevard
Hartford, CT 06103

Phone: 860.566.7710 / 860.566.7710 (TDD)
Fax: 860.566.1997

Eastern Region Office

100 Broadway
Norwich, CT 06360
Phone: 860.886.5703 / 860.886.5707 (TDD)
Fax: 860.886.2550

West Central Region Office

Rowland State Government Center
55 West Main St., Suite 210
Waterbury, CT 06702-2004
Phone: 203.805.6530/ 203.805.6579 (TDD)

Fax: 203.805.6559

Southwest Region Office
350 Fairfield Ave., 6th Floor
Bridgeport, CT 06604
Phone: 203.579.6246 / 203.579.6246(TDD)
Fax: 203.579.6950

Days to File a Claim with a State Agency

Complaints filed for alleged acts of discrimination occurring prior to October 1, 2021 shall be filed within 180 days after the date of the alleged act. Complaints for alleged acts of discrimination that occur on or after October 1, 2021 shall be filed within 300 days after the date of the alleged act of discrimination.

Conn. Gen. Stat. § 46a-82(f).

Examples of Some Available Remedies

In Connecticut, both civil and criminal penalties are also possible, and in certain situations, an individual may be held personally liable for engaging in unlawful harassment.

Monetary Relief

Actual damages, including back pay
Compensatory damages
Reasonable attorney’s fees/costs
Punitive damages

Injunctive/Equitable Relief

Cease-and-desist order
Hiring
Reinstatement
Promotion or upgrade

See Conn. Gen. Stat. Ann. §§ 46a-86, 46a-104.

DELAWARE

Definition of Sexual Harassment

Sex discrimination is prohibited by the Delaware Discrimination in Employment Act (codified as Del. Code Ann. tit. 19, §§ 710 to 719A). The DDEA explicitly prohibits sexual harassment, in addition to sex discrimination.

Delaware law defines sexual harassment as conduct including unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

(1) Submission to such conduct is made either explicitly or implicitly a term or condition of an employee's employment;

(2) Submission to or rejection of such conduct is used as the basis for employment decisions affecting an employee; or

(3) Such conduct has the purpose or effect of unreasonably interfering with an employee's work performance or creating an intimidating, hostile, or offensive working environment

Del. Code Ann. tit. 19, § 711A.

An employer is responsible for sexual harassment of an employee when:

a supervisor’s sexual harassment results in a negative employment action against an employee;
the employer knew or should have known about a non-supervisory employee’s sexual harassment of an employee and failed to take appropriate corrective action; or
a negative employment action is taken against an employee in retaliation for the employee filing a harassment charge, participating in an investigation of sexual harassment, or testifying in any proceeding or lawsuit about the sexual harassment of an employee

Del. Code Ann. tit. 19, § 711A.

Employers with 50 or more employees in Delaware must provide training and education to employees regarding the prevention of sexual harassment.

Categories Protected by State FEP Statutes

Race (including traits historically associated with race, including but not limited to, hair textures and protective hairstyles), color, religion, sex (including pregnancy, childbirth, and related medical conditions), national origin, genetic information, age (40 or older), disability, sexual orientation (including heterosexuality, homosexuality and bisexuality), marital status (includes civil unions), volunteer emergency responder status, status as a victim of domestic violence, sexual offenses, or stalking, reproductive health decisions, and family responsibilities. See Del. Code Ann. tit. 19 §§ 711, 719A, 721 – 728.

Other Protections

Discrimination against medical marijuana permit holders is prohibited. Del. Code Ann. tit. 16, § 4905A.

Retaliation

The DDEA also prohibits retaliation against an employee who has testified, assisted, or participated in any manner in an investigation, proceeding, or hearing to enforce the protections under the DDEA. Retaliation can occur through direct actions, such as demotions or terminations, or more subtle behavior, such as an increased workload or being transferred to a less desirable location. The DDEA protects individuals against retaliation who have a good faith belief that their employer's conduct is illegal, even if it turns out that they were mistaken.

Reporting

Any individual who believes that his or her employment rights have been violated may file a charge of discrimination with the DDOL. A charge may be filed in person at the DDOL office in Dover (Blue Hen Corporate Center, 655 S. Bay Road, Suite 2H Dover, DE 19901) or Wilmington (4425 N. Market St. Wilmington, DE 19802). The DDOL also accepts charges by mail at either the Dover office or Wilmington office. The form is available on the agency website and can also be submitted to DOL_AntiDiscrimination@state.de.us.

Note: An employee does not need to fill out the Discrimination Intake Form in order to file a charge in person. Furthermore, completion of the Discrimination Intake Form does not constitute filing a charge.

Enforcement Agency

Delaware Department of Labor, Division of Industrial Affairs, Office of Anti-Discrimination

Wilmington Office

4425 N. Market St.

Wilmington, DE 19802

Phone: 302.761.8200

Dover Office

Blue Hen Corporate Center

655 S. Bay Road, Suite 2H

Dover, DE 19901

Phone: 302.422.1134

Days to File a Claim with a State Agency

300 days of the alleged unlawful employment practice or its discovery.

Del. Code Ann. tit. 19, § 712(c)(1);

See also information about filing a charge on the agency website.

Note: A person has 90 days to file suit after receiving a Right to Sue letter from the department or from federal authorities, whichever is later.

Del. Code Ann. tit. 19, §714(b).

Examples of Some Available Remedies

Economic Relief

Back pay, including interest
Front pay
Compensatory damages and punitive damages when appropriate, not to exceed the amount allowable under applicable law
Equitable relief provided under Title VII
Any other appropriate relief

Injunctive/Equitable Relief

Cease-and-desist order
Hiring
Reinstatement
Promotion
Attorneys’ fees/costs
Civil fines of $1,000–$5,000 for each instance of retaliation

DISTRICT OF COLUMBIA

Definition of Sexual Harassment

By definition, harassment is treated as a form of unlawful discrimination. D.C. Code Ann. § 2-1401.02(31). This section of the Code provides that:

Unlawful discriminatory practice means those discriminatory practices which are so specified in subchapter II of Unit A of this chapter. “Unlawful discriminatory practice” shall include harassment engaged in for discriminatory reasons specified in § 2-1402.11(a).

The Code further provides that unlawful discriminatory acts include those based upon actual or perceived

race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, family responsibilities, genetic information, disability, matriculation, or political affiliation, credit information or homeless status of any individual. D.C. Code Ann. § 2-1402.11(a).

The Commission on Human Rights has incorporated the EEOC’s sex discrimination guidelines including those that address sexual harassment. See D.C. Mun. Regs. tit. 4, § 517.1

By rule, employers are not permitted to create or allow a hostile or offensive working environment. See D.C. Mun. Regs. tit. 4, §§ 517.3, 517.8.

A breastfeeding mother shall have rights to include, but not be limited to the right to be free from harassment or ridicule in the workplace because of her breastfeeding or expressing breast milk. D.C. Mun. Regs. tit. 4, § 518.4(d).

Since Washington D.C. has adopted the federal regulations regarding sex discrimination, same-sex sexual harassment is also prohibited. See 29 C.F.R. § 1604.11; D.C. Mun. Regs. tit. 4, § 517.1.

Employees of businesses that employ an employee who receives gratuities must receive sexual harassment prevention training.

Categories Protected by State FEP Statutes

For every classification, the status may be actual or perceived: Race (includes relationships with members of a different race, such as the race of a spouse or associate, where such relationship is the basis for discrimination), color, religion (includes moral or ethical beliefs as to what is right and wrong, which beliefs are sincerely held with the strength of traditional religious views), sex (including pregnancy, childbirth and related medical conditions, breastfeeding), national origin, age (18 or older), disability, marital status (including domestic partnership), personal appearance, sexual orientation, gender identity or expression, family status, family responsibilities, matriculation, political affiliation, genetic information and testing, including use of family medical history in employment decisions, status as a victim or family member of a victim of domestic violence, a sexual offense, or stalking, and creditworthiness, credit standing, credit capacity, or credit history. See D.C. Code §§ 2-1401.01, 2-1401.02, 2-1401.05, 2-1402.11; 2-1402.82, D.C. Mun. Regs. tit. 4, § 4-500 et seq.

Other Protections

Employment status. D.C. Code § 32-1361.

Exercise of family & medical leave rights. D.C. Mun. Regs. tit. 4, § 1621.1.

Exercise of paid sick leave rights. D.C. Mun. Regs. tit. 7, § 3215.2.

Enforcement Agency

Office of Human Rights

441 4th St. NW, Suite 570 North

Washington, D.C. 20001

Phone: (202) 727-4559

Fax: (202) 727-9589

http://www.ohr.dc.gov

Days to File a Claim with a State Agency

1 year (from occurrence or discovery of the alleged act)

D.C. Code Ann. § 2-1403.04(a); D.C. Mun. Regs. tit. 4, § 702.1(a).

Examples of Some Available Remedies

Economic Relief

Back pay
Compensatory damages
Punitive damages if appropriate
Civil penalties

Injunctive/Equitable Relief

Cease-and-desist order
Hiring
Reinstatement
Promotion or upgrade
Attorneys’ fees/costs

FLORIDA

Definition of Sexual Harassment

The state statute does not expressly define sexual harassment. See Fla. Stat. §§ 760.02 (Definitions), 760.10 (Prohibitions). The Florida Civil Rights Act of 1992 (Fla. Stat. §§ 760.01 - 760.11) is patterned after Title VII. Harper v. Blockbuster Entm’t Corp., 139 F.3d 1385, 1387 (11th Cir. 1998); Ranger Ins. Co. v. Bal Harbour Club, Inc., 549 So. 2d 1005, 1009 (Fla. 1989). Courts look to both state and federal case law to interpret the statute. Sexual harassment is a prohibited form of sex discrimination. Fla. Stat. § 110.1221.

Categories Protected by State FEP Statutes

Race, color, religion, sex (pregnancy and related medical conditions by case law), national origin (including ancestry), age, handicap, marital status, and AIDS/HIV status (actual or perceived).

See Fla. Stat. Ann. §§ 760.02, 760.07, 760.10, 760.50, 760.60. See also Delva v. Cont'l Grp., Inc., 137 So. 3d 371, 375 (Fla. 2014).

Other Protections

Sickle cell trait and testing. Fla. Stat. §§ 448.075, 448.076

Enforcement Agency

Florida Commission on Human Relations

4075 Esplandade Way
Room 110
Tallahassee, FL 32399
Phone: (850) 488-7082
Toll-Free: (800) 342-8170
Fax: (850) 488-5291

Florida Relay Service —
TDD ASCII Callers: (800) 955-1339
TDD Baudot Callers: (800) 955-8771

Days to File a Claim with a State Agency

Within 365 days of the alleged discriminatory act

Fla. Stat. § 760.11.

Examples of Some Available Remedies

Economic Relief

Back pay (max of 2 years)
Compensatory damages
Punitive damages (max of $100,000)
Costs, including attorneys’ fees
Other damages

Injunctive/Equitable Relief

Cease-and-desist order
Other affirmative relief

GEORGIA

Definition of Sexual Harassment

The state statute does not expressly define or prohibit harassment for private employers. See, e.g., Ga. Code Ann. § 45-19-22 (Public Employers - Definitions), Ga. Code Ann. § 45-19-29 (Public Employers - Unlawful practices generally).

Categories Protected by State FEP Statutes

Disability (physical or mental impairment). Ga. Code Ann. § 34-6A-2(3).

Sex, with respect to wages. See Ga. Code Ann. § 34-5-3.

Age (40–70). See Ga. Code Ann. § 34-1-2.

Jury duty and court attendance. See Ga. Code Ann. § 34-1-3.

Enforcement Agency

EEOC’s Atlanta District Office

Sam Nunn Atlanta Federal Center

100 Alabama St., SW, Suite 4R30

Atlanta, GA 30303

Phone: 800.669.4000

TTY: 800.669.6820

Fax: 404.562.6909

EEOC's Savannah Local Office
7391 Hodgson Memorial Drive, Suite 200
Savannah, GA 31406
Phone: 800.669.4000
TTY: 800.669.6820

Days to File a Claim with a State Agency

Georgia does not have a state administrative agency to accept discrimination charges brought against private employers; plaintiffs are instructed to file their charges of discrimination within 180 days with the EEOC.

For private employers, see “Federal” section for EEOC claim procedure.

Under the Georgia Equal Employment for Persons with Disabilities Act, a civil action must be brought within 180 days of the allegedly prohibited conduct. Ga. Code Ann. § 34-6A-6(a).

Examples of Some Available Remedies

Economic Relief

Back pay (max of 2 years)
Compensatory damages
Civil penalties

Injunctive/Equitable Relief

Cease-and-desist order
Hiring
Reinstatement
Upgrading
Attorneys’ fees/costs

HAWAII

Definition of Sexual Harassment

Hawaii’s Fair Employment Practices Act prohibits sexual harassment See HRS § 378-2(a)(1)(A); Haw. Code R. § 12-46-109(a). This section expressly provides the following:

Harassment on the basis of sex is a violation of chapter 378, HRS. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or visual forms of harassment of a sexual nature constitute sexual harassment when:

(1) Submission to that conduct is made either explicitly or implicitly a term or condition of an individual’s employment; or

(2) Submission to or rejection of that conduct by an individual is used as the basis for employment decisions affecting that individual; or

(3) That conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

The Administrative Rules of the Hawaii Civil Rights department also expressly define harassment on the basis of ancestry. The rules provide the following:

(a) Harassment on the basis of ancestry is a violation of chapter 378, HRS.

(b) Ethnic slurs and other verbal or physical conduct relating to an individual’s ancestry constitute harassment when this conduct:

(1) Has the purpose or effect of creating an intimidating, hostile, or offensive working environment

(2) Has the purpose or effect of unreasonably interfering with an individual’s work performance

(3) Otherwise adversely affects an individual’s employment opportunity

Haw. Code R. § 12-46-175.

Categories Protected by State FEP Statutes

Race, color, religion, sex, or pregnancy (including childbirth and related conditions), gender identity and expression, ancestry, age, disability (including genetics), sexual orientation (having a preference, history or history of preference for, or being identified with one or more of the following: heterosexuality, homosexuality, or bisexuality), marital status (including marriage to coworkers, civil unions), arrest and court records, domestic or sexual violence victim status if the domestic or sexual violence victim provides notice to the victim's employer of such status or the employer has actual knowledge of such status, opposing a discriminatory practice, absence by a member of the National Guard, association with a person with a known disability, breastfeeding or expressing milk at the workplace, credit history, amount or rate of pay based on sex, garnishee status or petitioner under the Bankruptcy Act, status as an employee covered by Hawaii's Workers' Compensation Act, participation in a proceeding under Chapter 378. See Haw. Rev. Stat. Ann. §§ 378-1, 378-2, 378-3; Ross v. Stouffer Hotel Co., 879 P.2d 1037 (1994) (marriage to a coworker).

Enforcement Agency

Hawaii Civil Rights Commission

830 Punchbowl St., Room 411

Honolulu, HI 96813

Phone: 808.586.8636 / 800.586.8692 (TDD)

Fax: 808.586.8655

Eml: DLIR.HCRC.INFOR@hawaii.gov

Neighbor Islands’ Offices

Kauai: 808.274.3141, Ext. 6-8636

Maui: 808.984.2400, Ext. 6-8636

Hawaii: 808.974.4000, Ext. 6-8636

Lanai and Molokai: 800.468.4644, Ext. 6-8636

Days to File a Claim with a State Agency

Within 180 days of the commission of an alleged discriminatory act

Haw. Rev. Stat. § 368-11(c).

Examples of Some Available Remedies

Economic Relief

Back pay (max of 2 years)
Compensatory damages
Punitive damages

Injunctive/Equitable Relief

Appropriate affirmative action
Cease-and-desist order
Prehearing injunction
Hiring
Reinstatement
Promotion
Attorneys’ fees/costs

IDAHO

Definition of Sexual Harassment

The state statute does not expressly define sexual harassment. See Idaho Code Ann. § 67-5902 & Idaho Admin. Code r. 45.01.01.00 et seq. (Definitions); see also Idaho Code Ann. § 67-5909 & Idaho Admin. Code R. 45.01.01.00 et seq. (Prohibitions). Idaho's definition of sexual harassment follows that of federal law, as the Idaho Supreme Court concluded that the IHRA is consistent with Title VII. Jeremiah v. Yanke Mach. Shop, Inc., 953 P.2d 992, 998 (Idaho 1998).

Courts have interpreted the state statute to prohibit harassment by employers. The prima facie case for a hostile working environment requires the following:

(1) The plaintiff was subjected to sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature;

(2) This conduct was unwelcome; and

(3) The conduct was sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment.

See De Los Santos v. J.R. Simplot Co., 126 Idaho 963,967, 895 P.2d 564, 568 (1995).

Idaho Human Rights Commission explains that sexual harassment is unwelcome sexual conduct that is severe enough or occurs often enough to interfere with an employee’s ability to do his or her job.

Categories Protected by State FEP Statutes

Race, color, religion, sex, national origin, age (40 or older), and disability (including record of, or regarded as, having a disability, and association with a person who has a disability.) See Idaho Code § 67-5901, § 67-5909, § 67-5910, § 67-5911; Idaho Admin. Code § 45.01.010-18.

Other Protections

Genetic information and testing are also protected. See Idaho Code §§ 39-8301, 39-8303.

Enforcement Agency

Idaho Commission on Human Rights
317 West Main St.
Second Floor
Boise, ID 83702-0040

Phone: (208) 334-2873 / (208) 334-4751 (TDD/TTY) / (888) 249-7025

Fax: (208) 334-2664

Eml: inquiry@ihrc.idaho.gov

Days to File a Claim with a State Agency

1 year from the alleged violation.

Idaho Code Ann. § 67-5907(1); Idaho Admin. Code r. 45.01.01.30.

Examples of Some Available Remedies

Economic Relief

Actual damages
Back pay and benefits (max of 2 years)
Punitive damages (max of $1,000 for each willful violation)

Injunctive/Equitable Relief

Cease-and-desist order
Hiring
Reinstatement
Promotion
Other employment benefits
Court is authorized to order any appropriate remedy

ILLINOIS

Definition of Sexual Harassment

The Illinois Human Rights Act expressly addresses workplace sexual harassment. The statute makes it illegal for “any employer, employee, agent of any employer, employment agency or labor organization to engage in sexual harassment.” See 775 Ill. Comp. Stat. 5/2-102(D). Non-employees like independent contractors, consultants, and unpaid interns are also protected against sexual harassment. 775 ILCS 5/2-101(A)(1), 102(A-10). Sexual harassment is defined as

…any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature on the basis of a person's actual or perceived protected characteristic when

a. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

b. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or

c. Such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.

See 775 Ill. Comp. Stat. 5/2-101(E).

An employer is responsible for sexual harassment of the employer’s employees and non-employees in the workplace, committed by non-employees or non-managerial and non-supervisory employees, only if the employer becomes aware of the conduct and fails to take reasonable corrective measures. See 775 Ill. Comp. Stat. 5/2-102(D), (D-5).

All employers with one or more employees working in Illinois must provide sexual harassment prevention training to all employees.

Sexual harassment is illegal in Chicago and prohibited by the Chicago Human Rights Ordinance (CHRO). Sexual harassment means:

Any unwelcome sexual advances or unwelcome conduct of a sexual nature; or requests for sexual favors or conduct of a sexual nature when submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or (2) submission to or rejection of such conduct by an individual is used as the basis for any employment decision affecting the individual; or (3) such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment; or (iii) sexual misconduct, which means any behavior of a sexual nature which also involves coercion, abuse of authority, or misuse of an individual’s employment position.

The Chicago Human Rights Ordinance makes it a civil rights violation for any “employer, employee, agent of any employer, employment agency or labor organization [to] engage in sexual harassment.” Municipal Code of Chicago, 6-010-040.

All Chicago employees will be required to undergo annual sexual harassment prevention training and bystander training.

Categories Protected by State FEP Statutes

As of July 2020, the Illinois Human Rights Act prohibits any harassment based on the following actual or perceived characteristics:

· Race (including traits historically associated with race including but not limited to protective hairstyles)

· Color

· Religion

· National origin

· Ancestry

· Age (40 years or older)

· Sex

· Marital status

· Pregnancy

· Protective order status

· Physical or mental disability

· Military status

· Unfavorable discharge from military service

· Sexual orientation

· Gender identity

· Citizenship status

· Work authorization status

· Arrest record

· Expunged or sealed convictions.

775 ILCS 5/1-101 through 103.

The Chicago Human Rights Ordinance prohibits harassment based on the following actual or perceived characteristics:

· Race

· Color

· Sex

· Gender identity

· Age

· Religion

· Disability

· National origin

· Ancestry

· Sexual orientation

· Marital status

· Parental status

· Military discharge status

· Credit history

· Criminal record or criminal history

· Source of income.

§ 2-160-030

Other Protections

Employment discrimination based on genetic testing is also prohibited and applies to all Illinois employers.

See 410 Ill. Comp. Stat. 513/25.

Employers may not discriminate against an employee who is, or has a family member who is, a victim of domestic or sexual violence and who takes scheduled or unscheduled leave (if employee provides certification on request). See 820 Ill. Comp. Stat. 180/5 et seq..

Retaliation

The Illinois Human Rights Act also prohibits retaliation against employees who oppose unlawful sexual harassment, file a charge or complaint under the IHRA, or participate in an investigation under the IHRA. Id. at 5/6-101(A). Such employees should be able to report concerns without fear of retaliation, loss of status or loss of promotional opportunities. According to the Act:

It is a civil rights violation for a person, or for two or more persons to conspire, to: [r]etaliate against a person because that person has opposed that which they reasonably and in good faith believes to be unlawful discrimination, sexual harassment in employment or sexual harassment in elementary, secondary, and higher education, discrimination based on citizenship status in employment, because they have made a charge, filed a complaint, testified, assisted, or participated in an investigation, proceeding, or hearing under this Act, or because they have requested, attempted to request, used, or attempted to use a reasonable accommodation as allowed by this Act…

Reporting

In addition to reporting sexual harassment internally, employees may also file a complaint with the State of Illinois. Information can be found on the State of Illinois website.

Employees can call the Sexual Harassment and Discrimination Helpline at 877-236-7703 Monday – Friday, 8:30 a.m. to 5:00 p.m. *TTY users call 7-1-1. Employees can also file a complaint with the government. To report sexual harassment in various areas, including employment, employees can contact the Illinois Department of Human Rights (IDHR).

Enforcement Agency

The Illinois Department of Human Rights (IDHR) enforces the IHRA, and the Chicago Commission on Human Relations enforces the CHRO. To file a charge with the Illinois Department of Human Rights or the Chicago Commission on Human Relations, visit the agency’s website.

Illinois Department of Human Rights (Chicago Office)

555 West Monroe Street, Suite 700

Chicago, IL 60661

Phone: 312.814.6200

TTY: 866.740.3953

Fax: 312.814.6251

Illinois Department of Human Rights (Springfield Office)

524 S. 2nd Street, Suite 300

Springfield, IL 62701

Phone: 217.785.5100 / 866.740.3953 (TTY)

Fax: 217.785.5106

The Illinois Human Rights Commission is a separate state agency that conducts public hearings on complaints filed by IDHR:

Illinois Human Rights Commission

Michael A. Bilandic Building 160 North

LaSalle Street, Suite N-1000

Chicago, IL 60601

Phone: 312.814.6269

TDD: 866.832.2298

Fax: 312.814.6517

Illinois Human Rights Commission - Springfield

300 West Jefferson Street, Suite 108

Springfield, Illinois 62702

Phone: 217.785.4350 / 866.832.2298 (TDD)

Fax: 217.524.4877

Chicago Commission on Human Relations

740 North Sedgwick Street

Suite 400
Chicago, IL 60654

Phone: 312.744.4111 TTY: 312.744.1088

Fax: 312.744.1081

Days to File a Claim with a State Agency

A discrimination charge can be initiated by calling, emailing, faxing, mailing or appearing in person at the IDHR’s Chicago or Springfield office within 300 days of the date the alleged discrimination took place (365 days for claims under the Chicago Human Rights Ordinance filed with the Chicago Commission on Human Relations). See 775 Ill. Comp. Stat. 5/7A-102(A)(1); 2-120-511.

Examples of Some Available Remedies

Monetary Relief

Actual damages
Back pay
Compensatory damages
Attorneys’ fees/costs

Injunctive/Equitable Relief

Temporary restraining order
Cease-and-desist order
Hiring
Reinstatement
Promotion

INDIANA

Definition of Sexual Harassment

The information below references statutory language, agency rules, and/or information found on agency websites. This section does not generally reference case law or local law that can expand upon the definition of harassment or the viability of a claim based on protected class harassment. It is important to review relevant case law and statutes (federal, state and local) carefully to ensure full compliance with and understanding of the law and legal obligations.

Neither the state statute nor the regulations of the Indiana Civil Rights Commission expressly define harassment. See Ind. Code Ann. § 22-9-1-3; see also 910 Ind. Admin. Code §§ 1-1.5-1 et seq.

The Commission defines workplace harassment as any unwelcome verbal, written or physical conduct that shows hostility or aversion towards a person on the basis of their protected characteristics.

The Commission defines hostile work environment as subjecting someone to unwanted actions or comments of a sexual nature, sexual stories or innuendos, discussions about employees’ sex lives, unwanted touching, or requests for sex or sexual materials in the work place.

For more information, visit the Indiana Civil Rights Commission website.

Categories Protected by State FEP Statutes

Race, religion, color, sex, disability, national origin, ancestry, veteran status, use of tobacco products, and age (40–74). See Ind. Code Ann. §§ 22-9-1-1 et seq., 22-9-2-1, et seq., 22-5-4-1

In addition, employers are prohibited from interfering, directly or indirectly, with the use of an animal that has been or is being specially trained as a service animal. Additionally, employers may not refuse to permit an employee with a disability to keep a service animal with the employee at all times in the place of employment. See Ind. Code Ann. § 22-9-5-20.

Other Protections

Employers are prohibited from discriminating against employees who volunteer as firefighters and emergency medical responders. Such protection is extended to emergency response personnel who are injured in the course of emergency response activities. See Ind. Code Ann. §§ 36-8-12-10.7 and 36-8-12-10.9.

Enforcement Agency

Indiana Civil Rights Commission

Indiana Government Center

100 N. Senate Ave.

Room N300

Indianapolis, IN 46204-2211

Phone: 317.232.2600 or

800.628.6580

Days to File a Claim with a State Agency

180 days from the date of the occurrence of the alleged discriminatory practice.

Ind. Code Ann. § 22-9-1-3(p).

Examples of Some Available Remedies

Economic Relief

Back pay
Front pay
Other affirmative relief

Injunctive/Equitable Relief

Cease-and-desist order
Hiring
Reinstatement
Promotion
Attorneys’ fees/costs

IOWA

Definition of Sexual Harassment

Neither the state statute nor the regulations expressly define harassment. See Iowa Code § 216.2; see also Iowa Admin. Code r. 161-2.1. Courts have held that sex harassment is a form of sex discrimination under the state statue. See Lynch v. City of Des Moines, 454 N.W.2d 827 (Iowa, 1990). A sexually hostile work environment claim requires proof that the sexual harassment was so pervasive and severe that it altered the conditions of employment and created an abusive work environment. Id. at 832, n.3. A single incident of harassment, in most cases, will not be “pervasive” sexual harassment. Id.

The Iowa Civil Rights Commission defines workplace harassment as behavior which has the effect of humiliating, intimidating, or coercing someone through personal attack. It is behavior that will make someone uncomfortable or embarrassed, and cause emotional distress. It frequently occurs when one person wants to exert power or control over another person. Harassment may be intentional with a person targeted personally, or it may be unintentional. What matters is how the person receiving the behavior perceives it to be. While harassment because of sex gets the most attention, harassment because of other protected characteristics such as race, national origin, sexual orientation, gender identity, religion, age or physical and mental disability is also prohibited under state and federal laws.

See Iowa Civil Rights Commission Harassment in the Workplace Fact Sheet on the agency website.

Categories Protected by State FEP Statutes

Age (18+ or otherwise deemed an adult), race, color, creed, national origin, religion, sex, pregnancy (includes childbirth and related medical conditions) physical or mental disability (including AIDS and positive HIV test), genetic testing, sexual orientation (actual or perceived) and gender identity. See Iowa Code §§ 216.6; 729.4, 729.6.

Wage discrimination based on a protected classification. Iowa Code § 216.6A.

Other Protections

National Guard, Civil Air Patrol, or U.S. military reserves status. Iowa Code § 29A.43.

Employment discrimination against a witness in a criminal proceeding, or a witness, plaintiff or defendant in a civil proceeding is prohibited. See Iowa Code § 915.23.

Employers are prohibited from discriminating against volunteer emergency responders. Employers may not discharge such volunteer responders for joining an emergency response service or for being late or absent because of responding to an emergency. See Iowa Code § 100B.14.

Enforcement Agency

Iowa Civil Rights Commission

Grimes State Office Bldg.

400 East 14th St.

Des Moines, IA 50319-0201

Phone: (515) 281-4121 or

(800) 457-4416

Fax: (515) 242-5840

Days to File a Claim with a State Agency

300 days from the date of the occurrence of the alleged discriminatory practice.

Iowa Code § 216.15(13); Iowa Admin. Code r. 161-3.3.

Examples of Some Available Remedies

Economic Relief

Back pay
Front pay
Actual damages
Compensatory damages

Injunctive/Equitable Relief

Cease-and-desist order
Hiring
Reinstatement
Promotion or transfer
Attorneys’ fees/costs (including cost of hearing)
The commission is authorized to take remedial action to carry out the purposes of the statute.

KANSAS

Definition of Sexual Harassment

Neither the state statute nor the regulations expressly define harassment. See Kan. Stat. § 44-1002; see also Kan. Admin. Regs. § 21-30-1 et seq. In a sexual harassment case under the Kansas Act Against Discrimination, a Kansas Court of Appeal articulated the appropriate standard:

“In order to be actionable, a sexually objectionable environment must be both objectively and subjectively offensive, one that a reasonable person would find hostile or abusive, and one that the victim in fact did perceive to be so. Whether an environment is sufficiently hostile or abusive must be determined by looking at all the circumstances, including frequency of discriminatory conduct, its severity, whether it is physically threatening or humiliating or a mere offensive utterance, and whether it unreasonably interferes with an employee’s work performance. Simple teasing, offhand comments, and isolated incidents, unless extremely serious, will not suffice.”

See Labra v. Mid-Plains Constr., Inc., 32 Kan. App. 2d 821, 829 (Kan. App. 2004)(internal citations omitted).

Categories Protected by State FEP Statutes

Race, religion, color, sex (including pregnancy, childbirth and related medical conditions), disability, either recorded impairment or regarded as having such impairment (including association with person with known disability, as well as discrimination based on AIDS/HIV), national origin or ancestry, age (40 or older), military status, genetic information, opposition to discriminatory practice, victims of sexual assault, and victims of domestic violence. See Kan. Stat. Ann. §§ 44-1001, 44-1002, 44-1009, 44-1111 et seq.; Kan. Admin. Regs. § 21-32-6.

Other Protections

Employment discrimination (discharge) against volunteer firefighters, volunteer certified emergency medical services attendants, volunteer reserve law enforcement officers, or volunteer part-time law enforcement officers is prohibited. See Kan. Stat. Ann. §44-131.

Military status. See Kan. Stat. Ann. §44-1125-1126.

Enforcement Agency - Main Office Topeka

Kansas Human Rights Commission

Landon State Office Building

900 SW Jackson, Suite 568-S

Topeka, KS 66612-1258

Phone: (785) 296-3206 or

(888) 793-6874

TTY: (785) 296-0245

Fax: (785) 296-0589

Wichita Office
300 W. Douglas Avenue, Suite 220
Wichita, Kansas 67202
Phone: (316) 337-6270
Fax: (316) 337-7376

Dodge City Office
100 Military Plaza, Suite 220
Dodge City, KS 67801-4945
Phone: (620) 371-5681
Fax: (620) 371-5682

Days to File a Claim with a State Agency

6 months from the last alleged discriminatory act (unless the conduct constitutes a continuing violation)

Kan. Stat. § 44-1005(i); Kan. Admin. Regs. § 21-41-4.

Examples of Some Available Remedies

Economic Relief

Back pay
Front pay
Pain, suffering, and humiliation (max of $2,000)

Injunctive/Equitable Relief

Cease-and-desist order
Hiring
Reinstatement
Promotion
Other affirmative action
Attorney’s fees/costs

KENTUCKY

Definition of Sexual Harassment

Although neither the state statute nor the regulations expressly define harassment, Kentucky has adopted the federal Equal Employment Opportunity guidelines on sex discrimination, which prohibit sexual harassment. See 104 Ky. Admin. Regs. 1:050(2)(b); see also 29 C.F.R. § 1604.1 et seq. The Kentucky Supreme Court has also consistently interpreted the state’s anti-discrimination law to prohibit harassment in a manner consistent with Title VII of the Federal Civil Rights Act of 1964. See, e.g., Am. Gen. Life & Accident Ins. Co. v. Hall 74 S.W.3d 688, 691 (Ky 2002).

Categories Protected by State FEP Statutes

Age (40 or older), race, color, national origin, religion, sex (including pregnancy, childbirth, related medical conditions, and including lactation or the need to express breast milk for a nursing child), mental and physical disability (including HIV/AIDS), smoker/nonsmoker status (as long as the person complies with any workplace policy concerning smoking), membership in the Kentucky National Guard or Kentucky active militia, garnishment for any one indebtedness, and child support withholding. See Ky. Rev. Stat. §§ 38.460, 207.130, 207.135, 344.010, 344.030, 344.040; 344.060, 344.090, 427.140, 405.467(13), 436.165.

Enforcement Agency

Kentucky Commission on Human Rights

332 W. Broadway, Suite 1400

Louisville, KY 40202

Phone: (502) 595-4024

Fax: (502) 696-5230

Eml: kchr.mail@ky.gov

Days to File a Claim with a State Agency

180 days from the date of the occurrence of the alleged discriminatory practice.

Ky. Rev. Stat. § 344.200.

Examples of Some Available Remedies

Economic Relief

Back pay
Front pay
Compensatory damages for humiliation
Other damages

Injunctive/Equitable Relief

Injunctive relief
Cease-and-desist order
Hiring
Reinstatement
Promotion
Attorneys’ fees/costs
Other affirmative relief
Commission is authorized to take affirmative action designed to carry out the purposes of the act.

LOUISIANA

Definition of Sexual Harassment

Neither the state statute nor the regulations expressly define sexual harassment for private employers. See La. Rev. Stat. Ann. § 51:2232. However, Louisiana courts look to Title VII to evaluate sexual harassment claims. See Boudreaux v. La. Casino Cruises, 762 So.2d 1200, 1204 (La. Ct. App. 2000). Workplace harassment is prohibited by the Louisiana Employment Discrimination Law. Sexual assault in the workplace is explicitly punishable by Louisiana law. Louisiana Civil Code Art. 2315.11(A).

Categories Protected by State FEP Statutes

Race, color, religion, sex, disability, age (40 or older), sickle-cell trait, pregnancy, national origin, genetic testing, childbirth and related medical conditions, smoking, military status, and natural, protective, or cultural hairstyle. See La. Rev. Stat. Ann. 23:301 et seq., 23:302 et seq., 23:311; 23:332(1), 23:341; 23:351 et seq.: 23:368: 51:2231 et seq.: 29:401 et seq.

Enforcement Agency

Office of the Governor

Louisiana Commission on Human Rights

P.O. Box 94094

Baton Rouge, LA 70804

(Mailing Address)

Louisiana Commission on Human Rights

1001 N. 23rd St., Suite 268

Baton Rouge, LA 70802

(Physical Address)

Phone: (225) 342-6969

Fax: (225) 342-2063

Days to File a Claim with a State Agency

180 Days from the date of the occurrence of the alleged discriminatory practice.

La. Rev. Stat. Ann. § 51:2257(A).

Examples of Some Available Remedies

Economic Relief

Back pay
Front pay
Compensatory damages
Other costs resulting from the unlawful practices

Injunctive/Equitable Relief

Cease-and-desist order
Hiring
Reinstatement
Promotion
Attorneys’ fees/costs

MAINE

Definition of Sexual Harassment

The Maine Human Rights Commission has adopted rules that define and address workplace harassment. See Me. Code R. 94-348 Ch. 3 10. The rule relating to sexual harassment mirrors the EEOC’s definition of harassment and provides that:

Harassment on the basis of sex is a violation of Section 4572 of the Maine Human Rights Act. Unwelcome advances because of protected class (e.g., sexual advances or requests for sexual favors), comments, jokes, acts and other verbal or physical conduct related to protected class (e.g., of a sexual, racial, or religious nature) or directed toward a person because of protected class constitute unlawful harassment when:

a. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

b. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or

c. Such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.

See Me. Code R. 94-348 Ch. 3 § 3.10. The Commission has also adopted rules addressing harassment on the basis of ancestry, sex, sexual orientation, age, disability, race or color, religion, national origin, previous assertions of workers compensation claims or rights, and previous reports or refusals to commit illegal acts. Each rule is virtually identical with the exception of the listed protected class. See Me. Code R. 94-348 Ch. 3 § 12 (age); § 13 (disability), § 2(15) (race or color); § 14 (religion); § 15 (national origin and ancestry); § 16 (sexual orientation).

See also Maine Human Rights Commission Sexual Harassment Poster on the agency’s website.

Employers with 15 or more employees must provide sexual harassment prevention training.

Categories Protected by State FEP Statutes

Race (including traits associated with race, including hair texture, Afro hairstyles, and protective hairstyles) or color, religion, national origin or ancestry, physical or mental disability, age (no minimum), sex (including pregnancy and related medical conditions), sexual orientation (actual or perceived, including gender identity and expression, and transgender or androgynous), reporting a violation of law, filing a claim for workers’ compensation, smoking, AIDS/HIV testing and genetic information and testing. See Me. Rev. Stat. Ann. tit. 5, §§ 4551 et seq., 4572, 19201, 19204-B, 19301, 19302; Me. Rev. Stat Ann. tit. 26, § 597.

Other Protections

National Guard or U.S. military status. Me. Rev. Stat. Ann. tit. 37-B, § 342.

Employers are prohibited from discriminating in any manner against employees who inquire about, disclose, compare or otherwise discuss their wages. See Me. Rev. Stat. tit. 26, § 628-A.

An employer may not discriminate in any way against an employee who chooses to express breast milk in the workplace. See Me. Rev. Stat. tit. 26, § 604.

Employers may not refuse to employ a person solely because of his or her status as a registered medical marijuana patient unless failing to do so would put the employer in violation of federal law or cause it to lose a federal contract or funding. See Me. Rev. Stat. Ann. tit. 22, § 2430-C.

Retaliation

The Maine Human Rights Act also prohibits retaliation against employees who oppose harassment or discrimination, or who file a charge, testify, or assist in any manner in any investigation, proceeding, or hearing under this law. Specifically, employers may not punish or penalize or attempt to punish or penalize any person for exercising their rights to be free from unlawful harassment and discrimination.

Reporting

In addition to filing a complaint internally with the employer, employees may also file a complaint with the Maine Human Rights Commission. Charges may be filed in person or by mail by filling out a form provided by the commission. The commission will not accept charges by fax or email. A complaint of discrimination must be sworn to under oath before a Notary Public or other person authorized by law to administer oaths.

Once you file a complaint with the MHRC, your complaint will be investigated. You have the option to settle your claim, or request a right-to-sue letter (allowing you to sue in Superior Court), or allow the MHRC to complete its investigation and make a determination on the merits of your complaint. For further information on these and other options, contact the MHRC, or visit their website.

You may not be retaliated against for filing a complaint. To preserve your legal rights, you must timely file such a charge of discrimination or harassment with the commission prior to filing a lawsuit.

Enforcement Agency

Maine Human Rights Commission

51 State House Station

Augusta, ME 04333

Phone: (207) 624-6290

TTY: (888) 577-6690

Fax: (207) 624-8729

Days to File a Claim with a State Agency

Individuals will have up to three hundred (300) days from the date of an unlawful discriminatory act to file a complaint with Maine’s Human Rights Commission. Me. Rev. Stat. Ann. tit. 5, §§ 4611, 4612, 4613, 4622; Me. Code R. 94-348 Ch. 2 § 2.02.

Examples of Some Available Remedies

Economic Relief

Back pay (and interest on back pay)
Compensatory damages (including future monetary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other damages)
Punitive damages
Max award of punitive and compensatory damages capped between $50,000 and $500,000 depending on size of employer
Civil penalties
Individual liability (for the harasser)

Injunctive/Equitable Relief

Cease-and-desist order
Hiring
Reinstatement
Attorneys’ fees/costs

MARYLAND

Definition of Sexual Harassment

The Maryland Commission on Human Relations prohibits sexual harassment at work based on two state statutes.

· The first prohibits discrimination in employment on the basis of sex with respect to compensation, terms, conditions, or privileges. See Md. Code Ann., State Gov’t § 20-601 et seq., as amended by MD SB450; see also Md. Code Regs. 14.03.02.01 et seq.; MD SB450.

· The second is Md. Code Ann., Crim. Law, §§ 3-304 - 3-307, which prohibits coercive sexual demands or contact against the will and without the consent of the other person.

Effective October 1, 2022, under Maryland law, harassment is defined as:

Unwelcome and offensive conduct, which need not be severe or pervasive, when:

a. The conduct is based on race, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation, gender identity, or disability; and

b. One of the following is present:

i. Submission to the conduct is made either explicitly or implicitly a term or condition of employment of an individual;

ii. Submission to or rejection of the conduct is used as a basis for employment decision affecting the individual; or

iii. Based on the totality of the circumstances, the conduct unreasonable creates a working environment that a reasonable person would perceive to be abusive or hostile; and

Sexual Harassment

a. Sexual harassment includes conduct, which need not be severe or pervasive, that consists of unwelcome sexual advances, requests for sexual favors, or other conduct of a sexual nature when:

i. Submission to the conduct is made either explicitly or implicitly a term or condition of employment of an individual;

ii. Submission to or rejection of the conduct is used as a basis for employment decision affecting the individual; or

iii. Based on the totality of the circumstances, the conduct unreasonable creates a working environment that a reasonable person would perceive to be abusive or hostile.

See Md. Code Ann., State Gov’t § 20-601 et seq., as amended by MD SB450.

Categories Protected by State FEP Statutes

Race (including traits associated with race, including but not limited to, hair texture, afro hairstyles, and protective hairstyles), color, religion, sex (including pregnancy, childbirth and related medical conditions), age, ancestry, national origin, gender identity, marital status (includes same-sex marriage), sexual orientation, genetic information, credit reports or credit history, disability (mental and physical impairment), and because of the individual’s refusal to submit to a genetic test or make available the results of a genetic test.

See Md. Code Ann., State Gov’t §§ 20-601 - 20-609.

Other Protections

Employers may not discriminate against employees because of membership in the Civil Air Patrol. Md. Code. Ann., Lab. & Empl. § 3-1002.

Enforcement Agency

Maryland Commission on Civil Rights

6 Saint Paul St., Suite 900

Baltimore, MD 21202

Phone: (410) 767-8600 or

(800) 637-6247

Fax: (410) 333-1841

Western Maryland Office (Hagerstown)

44 North Potomac St., Suite 202
Hagerstown, MD 21740
Phone: (301)797-8521
Fax: (301) 791-3060

Days to File a Claim with a State Agency

A complaint alleging an unlawful employment practice other than harassment must be filed with a local human relations commission within 300 days after the date on which the alleged discriminatory act occurred. A complaint alleging harassment must be filed with a local human relations commission within two years after the date on which the alleged harassment occurred. Md. Code Ann., State Gov’t § 20-1004(c)(1), (c)(2).

Note: Maryland employment anti-discrimination law applies only to those employers with 15 or more employees. However, complaints alleging unlawful employment harassment can be filed against employers with 1 or more employee.

Examples of Some Available Remedies

Economic Relief

Back pay (max of 2 years)
Compensatory damages (between $50,000 and $300,000 depending on the size of the employer)
Other equitable and affirmative relief
Attorney’s fees/costs

Injunctive/Equitable Relief

Cease-and-desist order
Prehearing injunction
Hiring
Reinstatement
Promotion
Any other equitable relief deemed appropriate

MASSACHUSETTS

Definition of Sexual Harassment

Massachusetts’ statute expressly prohibits sexual harassment in the workplace. The applicable section provides that it shall be an unlawful employment practice “for an employer, personally or through its agents, to sexually harass any employee.” Mass. Gen. Laws ch. 151B § 4(16A). Sexual harassment is defined as:

sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when (a) submission to or rejection of such advances, requests or conduct is made either explicitly or implicitly a term or condition of employment or as a basis for employment decisions; (b) such advances, requests or conduct have the purpose or effect of unreasonably interfering with an individual’s work performance by creating an intimidating, hostile, humiliating or sexually offensive work environment. Discrimination on the basis of sex shall include, but not be limited to, sexual harassment.

Mass. Gen. Laws ch. 151B § 1(18); see also 804 Mass. Code Regs. 3.01(4)(A)(4).

Massachusetts law does not expressly prohibit harassment based on membership in protected classes other than sex. However, Massachusetts courts have found employers liable for employment discrimination based on hostile work environment created by racial harassment. See Clifton v. Mass. Bay Transp. Auth., 445 Mass. 611 (2005).

Categories Protected by State FEP Statutes

Age (40 or older), race, color, religious creed, national origin, ancestry, sex, pregnancy, childbirth and related medical conditions including nursing, gender identity, sexual orientation, military status, genetic information, handicap (disability), personal admission to facility for the care and treatment of mentally ill persons, maternity leave status, HIV status, requiring individual to use surname other than one by which individual is known because of individual’s sex or marital status, and criminal records (applicants). See Mass. Gen. Laws ch. 151B, §§ 1 et seq.; Mass. Gen. Laws ch. 149, §§ 24B – 24D; Mass. Gen. Laws ch. 33, § 13; 804 Mass. Code Regs 3.01.

Several courts and the state agency have ruled that transgender individuals can pursue an anti-discrimination claim under the category of sex or disability. See Lie v. Sky Publishing Corp., 15 Mass. L. Reptr. 412 (Mass Super. 2002).

Enforcement Agency

Massachusetts Commission Against Discrimination

One Ashburton Place
Sixth Floor, Room 601
Boston, MA 02108
Phone: (617) 994-6000 / (617) 994-6196 (TTY)

Springfield Office

436 Dwight St.
Second Floor, Room 220
Springfield, MA 01103
Phone: (413) 739-2145

Worcester Office

484 Main St., Room 320
Worcester, MA 01608
Phone: (508) 453-9630

Days to File a Claim with a State Agency

300 days from the date of the occurrence of the alleged discriminatory practice.

Mass. Gen. Laws ch. 151B, § 5; 804 Mass. Code Regs. 1.10(2).

Examples of Some Available Remedies

Economic Relief

· Front pay

· Back pay

· Compensatory damages

· Punitive damages

· Emotional distress

· Civil penalties

Injunctive/Equitable Relief

· Cease-and-desist order

· Hiring

· Reinstatement

· Promotion

· Attorneys’ fees/costs/interest

· Authorized to take necessary affirmative action

MICHIGAN

Definition of Sexual Harassment

The Elliott-Larsen Civil Rights Act expressly prohibits sexual harassment by employers. See Mich. Comp. Laws 37.2103(i). This section provides that:

Sexual harassment means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communication of a sexual nature under the following conditions:

(i) Submission to the conduct or communication is made a term or condition either explicitly or implicitly to obtain employment, public accommodations or public services, education, or housing.

(ii) Submission to or rejection of the conduct or communication by an individual is used as a factor in decisions affecting such individual’s employment, public accommodations or public services, education, or housing.

(iii) The conduct or communication has the purpose or effect of substantially interfering with an individual’s employment, public accommodations or public services, education, or housing, or creating an intimidating, hostile, or offensive employment, public accommodations, public services, educational, or housing environment.

The Michigan Supreme Court has limited the scope of harassment by holding that the conduct at issue must be sexual in nature. See Haynie v. State, 468 Mich. 302, 664 N.W.2d 129 (Mich. Sup. Ct. 2003). The Michigan Supreme Court also held that discrimination on the basis of sexual orientation constitutes prohibited discrimination on the basis of sex under the Elliott-Larsen Civil Rights Act, which includes the state's fair employment practices provisions. Rouch World, LLC v. Dep't of Civ. Rights, No. 162482, 2022 BL 263716 (Mich. July 28, 2022).

Michigan courts have interpreted the state civil rights act to prohibit employers from harassing any employee because of his or her protected class. See Sam Malan and Sue Malan v. General Dynamics Land Systems, Inc., 212 Mich. App. 585 (1995).

Categories Protected by State FEP Statutes

Religion, race (including characteristics associated with race, culture, and personhood, including skin color, hair texture, and protective hairstyles), color, national origin (including ancestry), sex (including pregnancy, childbirth, and related medical conditions), age, marital status, height or weight, disability, genetic information, and criminal record. See Mich. Comp. Laws §§ 37.1103, 37.1201 - 37.1204; 37.2201 - 37.2205a.

Other Protections

State militia status. Mich. Comp. Laws § 750.398.

Enforcement Agency

Michigan Dept. of Civil Rights

Detroit Executive Office

Cadillac Place

3054 West Grand Blvd., Suite 3-600

Detroit, MI 48202

Phone: (313) 456-3700

Fax: (313) 456-3701

Lansing Office

110 W. Michigan Ave., Suite 800

Lansing, MI 48933

Phone: (517) 335-3165

Grand Rapids Office
State Office Building, 4th Floor
350 Ottawa, N.W.
Grand Rapids, MI 49503
Phone: (616) 356-0380
Fax: (616) 356-0399
TTY: (616) 356-0391

Days to File a Claim with a State Agency

180 days from the date of the occurrence of the alleged discriminatory practice. Note: Complainants are not required to exhaust administrative remedies and may file directly in court. Mich. Comp. Laws § 37.2801; Mich. Admin Code R. 37.4(6).

Examples of Some Available Remedies

Economic Relief

Back pay
Compensatory damages
Other damages

Injunctive/Equitable Relief

Cease-and-desist order
Hiring
Reinstatement
Promotion or upgrade
Attorneys’ fees/costs
Other damages as appropriate

MINNESOTA

Definition of Sexual Harassment

The Minnesota Human Rights Act ("MHRA") specifically provides that the word discriminate includes sexual harassment, which is a form of sex discrimination. See Minn. Stat. § 363A.03 subd. 13. The statute further defines sexual harassment as including the following:

Unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact, or other verbal or physical conduct or communication of a sexual nature when:

(1) submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining employment,

(2) submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual’s employment, or

(3) that conduct or communication has the purpose or effect of substantially interfering with an individual’s employment, or creating an intimidating, hostile, or offensive employment environment.

See Minn. Stat. § 363A.03(43).

Same-sex harassment is prohibited, Cummings v. Koehnen, 568 N.W.2d 418 (Minn. 1997), as is racial harassment, Minneapolis Policy Dep’t v. Minneapolis Comm’n on Civil Rights, 425 N.W.2d 235, 239 (Minn. 1988).

Categories Protected by State FEP Statutes

Race (including traits associated with race, including but not limited to, hair texture and hair styles such as braids, locks, and twists), color, creed, religion, national origin (including ancestry), sex (including pregnancy, childbirth, and related conditions), marital status (including identity of spouse, actions/beliefs of spouse/former spouse), status with regard to public assistance, membership or activity in a local commission, disability (physical, sensory, or mental impairment), sexual orientation (actual or perceived, including gender identity), age (18 or older), familial status (condition of 1 or more minors being domiciled with their parent(s) or legal guardian or the designee of the parent(s) or guardian with the written permission of the parent(s) or guardian. Familial discrimination protections apply to any person who is pregnant or is in the process of securing legal custody of an individual who has not attained the age of majority). See Minn. Stat. Ann. § 363A.08.

A separate dismissal for age statute provides protection against age discrimination relating to adverse action toward individuals on the grounds that the individual has reached an age of less than 70. See Minn. Stat. § 181.81. The Minnesota Equal Pay for Equal Work Law prohibits using an individual's sex to determine the person's wage rate. Minn. Stat. Ann. § 181.67, subd. 1.

Other Protections

Use of genetic information and testing are also prohibited. See Minn. Stat. §§ 181.81; 181.974.

Military status. Minn. Stat. Ann. § 192.34.

Enforcement Agency

Minnesota Department of Human Rights

Griggs Midway Building

540 Fairview Ave North, Suite 201

St. Paul, Minnesota 55104

Phone: (651) 539-1100 or

(800) 657-3704

Days to File a Claim with a State Agency

A claim under the MHRA must generally be brought within 1 year of the occurrence of the discriminatory practice.

Minn. Stat. § 363A.28(3); Minn. R. 5000.0400(1b).

Examples of Some Available Remedies

Economic Relief

Back pay
Compensatory damages up to three (3) times the amount of actual damages
Damages for mental suffering
Punitive damages (max $25,000)
Civil penalties payable to the state

Injunctive/Equitable Relief

Cease-and-desist order
Hiring
Reinstatement
Promotion or upgrading
Attorneys’ fees/costs and costs of litigation

MISSISSIPPI

Definition of Sexual Harassment

There is no Mississippi state law governing sexual harassment.

Categories Protected by State FEP Statutes

Race, color, religion, sex, national origin, age, or handicap. See Miss. Code Ann. § 25-9-149. Note that this law only protects employees who work in state service (i.e. employment in state departments, agencies, and institutions).

Other Protections

Military status (also applies to private sector employers). Miss. Code Ann. § 33-1-15.

Enforcement Agency

Mississippi does not have a state administrative agency to accept discrimination charges; plaintiffs are instructed to file their charges of discrimination within 180 days with the EEOC.

Jackson Area EEOC Office

Dr. A.H. McCoy Federal Building

100 West Capitol Street, Suite 338

Jackson, MS 39269

Phone: (800) 669-4000

TTY: (800) 669-6820

Fax: (601) 714-2202

Days to File a Claim with a State Agency

Mississippi does not have a state administrative agency to accept discrimination charges; plaintiffs are instructed to file their charges of discrimination within 180 days with the EEOC.

Examples of Some Available Remedies

Not applicable.

MISSOURI

Definition of Sexual Harassment

Sexual harassment is a form of sex discrimination prohibited by Missouri law. See Pollock v. Wetterau Food Distribution Group, 11 S.W.3d 754 (Mo. E.D. 1999); Mo. Rev. Stat. § 213.111.

Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

a. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

b. Submission to or rejection or such conduct by an individual is used as the basis for employment decisions affecting the individual; or

c. Such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.

Mo. Code Regs. tit. 8, § 60-3.040 (17)(A)(1)-(3).

Gender-based harassment may also violate state law. The Missouri Human Rights Commission defines gender-based harassment as including epithets, slurs, and negative stereotyping of men or women, directed at a female or male employee, or denigrating or hostile written material about men or women posted or circulated in the workplace.

See the Missouri Human Rights Commission Sex Discrimination and Harassment Page on the agency’s website.

Categories Protected by State FEP Statutes

Race, color, religion, national origin, sex (including pregnancy, childbirth, and related medical conditions), ancestry, age (40–69), and disability. See Mo. Rev. Stat. §§ 213.010, 213.055, 213.070; 8 C.S.R. 60-3.040(16). The Missouri Supreme Court has also held that protections against discrimination extends to sexual orientation and gender identity. See Harold Lampley and Renee Frost v. Mo. Commission on Human Rights, No. SC96828; R.M.A. v. Blue Springs R-IV Sch. Dist., et al., No. SC96683.

Other Protections

HIV/AIDS testing and genetic information discrimination are also prohibited. Mo. Rev. Stat. §§ 191.665; 375.1306.

Military status. Mo. Rev. Stat. § 41.730.

Enforcement Agency

Missouri Commission on Human Rights

Dept. of Labor and Industrial Relations

Jefferson City Office

421 E. Dunklin

P.O. Box 1129

Jefferson City, MO 65102-1129

Phone: 573-751-3325

Fax: 573-751-2905

Toll Free Complaint Hotline:1-877-781-4236

Relay Missouri 711

Relay Missouri 1-800-735-2966 (TDD)

Days to File a Claim with a State Agency

Within 180 days of the alleged discrimination

Mo. Rev. Stat. § 213.075(1); Mo. Code Regs. tit. 8, 60-2.025(3).

Examples of Some Available Remedies

Economic Relief

Actual damages
Back pay
Pain and suffering (including emotional distress and humiliation)
Civil penalties up to $10,000 can be awarded by the Missouri Commission on Human Rights
Punitive damages
Prejudgment interest

Injunctive/Equitable Relief

Cease-and-desist order
Permanent or temporary injunction
Order requiring the defendant to hire or reinstate the plaintiff to a former position
Attorneys’ fees/costs
Authorized to grant relief, as deemed appropriate to remedy effects of discrimination

MONTANA

Definition of Sexual Harassment

Workplace harassment of all protected classes is prohibited under the Montana Human Rights Act. Mont. Code Ann. § 49-2-303. Sexual harassment is a type of prohibited discrimination based on sex. Harrison v. Chance, 797 P.2d 200, 203–04 (Mont. 1990); Stringer-Altmaier v. Haffner (Mont. 2006). Such claims are analyzed in the same way as a sexual harassment claim under Title VII of the Civil Rights Act of 1964. Harassment based on protected criteria other than sex, such as age or racial harassment, is also prohibited. Mont. Admin. R. 24.9.604.

Categories Protected by State FEP Statutes

Race, creed, religion, color, sex (defined as the organization of the body parts and gametes for reproduction in human beings and other organisms, and including pregnancy, childbirth, and related medical conditions, and denying a reasonable leave of absence for pregnancy), physical or mental disability, age, national origin (including ancestry), marital status. Mont. Code Ann. §§ 49-2-101, 49-2-303(1)(a), 49-2-310, 49-4-101, Mont. Code Annotated § 1-1-201, Montana SB 458.

Other Protections

State militia status. Mont. Code Ann. § 10-1-1005.

Discrimination against employees’ use of lawful products (food, beverages, tobacco) is also prohibited. Mont. Code Ann. § 39-2-313.

Enforcement Agency

Dept. of Labor and Industry, Human Rights Commission

Montana Human Rights Bureau

Mailing Address

P.O. Box 1728

Helena, MT 59624-1728

Location

USF&G Building

301 South Park Avenue, Floor 5

Helena, MT 59601

Phone: (406) 444-6543 or

Fax: (406) 444-4140

Days to File a Claim with a State Agency

Within 180 days of the alleged discriminatory action

Mont. Code Ann. § 49-2-501(4)(a); Mont. Admin. R. 24.8.201(2).

Examples of Some Available Remedies

Economic Relief: court has authority to order any reasonable relief, which may include:

Back pay
Compensatory damages
Any reasonable measure to correct the discriminatory practice and rectify any harm, pecuniary, or otherwise

Injunctive/Equitable Relief: court has authority to order any reasonable relief, which may include:

Cease-and-desist order
Preliminary injunction
Hiring
Reinstatement
Promotion
Attorneys’ fees/costs
Criminal Sanction: willful violation is a misdemeanor with fine of up to $500 and/or 6 months in prison

NEBRASKA

Definition of Sexual Harassment

Nebraska’s statute specifically prohibits harassment on the basis of membership in a protected class. In pertinent part it provides that:

It shall be an unlawful employment practice for an employer, “To fail or refuse to hire, to discharge, or to harass any individual, or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, disability, marital status, or national origin.”

Neb. Rev. Stat. § 48-1104(1). Harassment on the basis of age is also prohibited. Neb. Rev. Stat. § 48-1004(4); Jensen v. Nebraska Public Power District, 2008 U.S. Dist. Lexis 24113 (D. Neb. March 26, 2008).

The statute further defines sexual harassment and provides that harassment because of sex shall include:

Making unwelcome sexual advances, requesting sexual favors, and engaging in other verbal or physical conduct of a sexual nature if:

a. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

b. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or

c. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

Neb. Rev. Stat. § 48-1102(14); 138 Neb. Admin. Code § 1-1.002.

Categories Protected by State FEP Statutes

Race (including characteristics associated with race, culture, and personhood, including skin color, hair texture, and protective hairstyles), color, national origin, religion, sex (including pregnancy, childbirth, and related medical conditions), disability, marital status, age (40 or older). Neb. Rev. Stat. §§ 48-1104, 48-1001, 48-1002, 48-1004, 48-1102.

Other Protections

HIV/AIDS and use of genetic information. Neb. Rev. Stat. §§ 20-168, 48-236

Retaliation

Nebraska law prohibits retaliation against an employee for taking the following actions:

· Opposing any practice made an unlawful employment practice by Nebraska Fair Employment Practices Act (NFEPA)

· Making a charge, testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing under NFEPA

· Opposing any practice or refusing to carry out any action unlawful under federal or Nebraska laws

Neb. Rev. St. § 48-1114.

Enforcement Agency

Nebraska Equal Opportunity Commission

Nebraska State Office Building

1526 K Street, Suite 310

Lincoln, NE 68508

Phone: (402) 471-2024 or

(800) 642-6112

Fax: (402) 471-4059

Omaha Office

State Office Building

1313 Farnam-on-the-Mall, Suite 318

Omaha, NE 68102-1836

Phone: (402) 595-2028 / (800) 382-7820

Scottsbluff Office

Panhandle State Office Complex

505A Broadway, Suite 600

Scottsbluff, NE 69361-3515

Phone: (308) 632-1340 or (800) 830-8633

Fax: (308) 632-1341

Days to File a Claim with a State Agency

300 Days from the date of harm for employment discrimination (FEPA & Age)

See Neb. Rev. Stat. §§ 48-1008 (2), 48-1118 (2); 138 Neb. Admin. Code § 2.001.02,

4 Years (Equal Pay)

Neb. Rev. Stat. § 48-1224; see also Title 139, Chapter 2 of Nebraska Administrative Code.

Examples of Some Available Remedies

Economic Relief

Back pay (max of 2 years)
Compensatory damages
Special damages
Damages for physical, emotional, or financial harm
Other appropriate relief

Injunctive/Equitable Relief

Cease-and-desist order
Temporary or permanent injunction
Hiring
Reinstatement
Attorneys’ fees/costs
Commission is authorized to order affirmative action as appropriate.

NEVADA

Definition of Sexual Harassment

Sexual harassment is a prohibited form of discrimination based on sex or sexual orientation. The state statute, however, does not define harassment. However, the Nevada Supreme Court has held that the discrimination prohibitions of Nevada law are “almost identical” to that of federal law. The Nevada Equal Rights Commission takes the position that sexual harassment is a form of sex discrimination that constitutes a violation of Title VII of the Civil Rights Act of 1964. The site also details the federal standard for sexual harassment.

See Nev. Rev. Stat. § 613.330.

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct, explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment.

Sexual harassment can occur in a variety of circumstances, including but not limited to the following:

The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.
The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.
The victim does not have to be the person harassed, but could be anyone affected by the offensive conduct.
Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
The harasser's conduct must be unwelcome.

See the Nevada Human Rights Commission Sexual Harassment Fact Sheet on the agency’s website.

Categories Protected by State FEP Statutes

Race (including traits associated with race, including, without limitation, hair texture and protective hairstyles), color, religion, national origin, sex, pregnancy (includes childbirth and related disabilities and medical conditions), age (40 or older), disability (physical or mental impairment and HIV/AIDS; also expressly includes the use of an aid, appliance or service animal), sexual orientation (actual or perceived), gender identity or expression, genetic information or testing, and lawful use of a product during nonworking hours.

Nev. Rev. Stat. §§ 610.310, 613.330, 613.310, 613.320, 613.330, 613.333, 613.335, 613.345.

Other Protections

National Guard membership, credit report/information.

Nev. Rev. Stat. §§ 412.606, 613.570.

Retaliation

Employees from protected from retaliation against filing a complaint, participate in an investigation, or participate in a hearing under Nevada Fair Employment Practices Act. NRS 613.330 and 613.350(3).

Enforcement Agency

Nevada Equal Rights Commission

1820 E. Sahara Avenue, Suite 314

Las Vegas, NV 89104

Phone: (702) 486-7161

Fax (702) 486-7054

Equal Rights Commission Northern Nevada

1325 Corporate Blvd.,

Room 115

Reno, NV 89502

Phone (775) 823-6690

Fax (775) 688-1292

Days to File a Claim with a State Agency

300 Days of the last date of the alleged violation

Nev. Rev. Stat. § 233.160.

Examples of Some Available Remedies

Economic Relief

Back pay (max of 2 years)
Compensatory damages
Actual damages for any economic loss
Interest

Injunctive/Equitable Relief

Cease-and-desist order
Prehearing injunction
Hiring if appropriate
Reinstatement
Promotion if appropriate
Attorneys’ fees/costs

NEW HAMPSHIRE

Definition of Sexual Harassment

The New Hampshire Law Against Discrimination expressly prohibits harassment on the basis of sex. It provides that:

Unwelcome sexual advances, requests for sexual favors, and other verbal, non-verbal or physical conduct of a sexual nature constitute sexual harassment when:

a. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

b. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or

c. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

N. H. Rev. Stat. Ann. § 354-A-7(V).

Categories Protected by State FEP Statutes

Age, sex (including pregnancy and pregnancy-related medical conditions), gender identity, race, religious creed, color, marital status, familial status, physical or mental disability, national origin (including ancestry), and sexual orientation (actual or perceived).

N.H. Rev. Stat. Ann. §§ 354:A-2, 354:A-7.

Other Protections

Use of genetic information, National Guard membership, victim of domestic violence, harassment, sexual assault or stalking.

N.H. Rev. Stat. Ann. §§ 141-H:1, 141-H:3, 110-B:65, 275.71

Employers that contract with the State of New Hampshire or receives state grants may also not discriminate on the basis of gender expression, gender identity or sexual orientation. N.H. Executive Order 2016-04.

Retaliation

It is prohibited to retaliate against an employee for opposing any practices forbidden under the New Hampshire Law Against Discrimination or to file a complaint, testify, or assist in any proceedings under the statute. N.H. RSA § 354-A:19.

Enforcement Agency

New Hampshire Commission for Human Rights Commission

2 Industrial Park Drive, Bldg. One
Concord, NH 03301

Phone: (603) 271-2767

Fax: (603) 271-6339

Days to File a Claim with a State Agency

180 days from the last date of alleged discrimination (or, if a continuing violation, 180 days from last discriminatory act)

N.H. Rev. Stat. Ann. § 354-A:21 (III); N.H. Code R. Hum. 202.04(b)(1), (2).

Examples of Some Available Remedies

Economic Relief

Back pay
Compensatory damages
Administrative fines up to $50,000 for repeat offenders

Injunctive/Equitable Relief

Cease-and-desist order
Affirmative action as necessary
Hiring
Reinstatement
Promotion or upgrade
Attorneys’ fees/costs

NEW JERSEY

Definition of Sexual Harassment

The New Jersey Law Against Discrimination (NJLAD) prohibits sexual harassment, a form of gender-based discrimination, in employment. Under the NJLAD, sexual harassment includes unwelcome sexual advances, requests for sexual relations or other verbal or physical conduct of a sexual nature. There are generally two types of sexual harassment. Quid pro quo harassment occurs when an employer, or an employer's agent, implicitly or explicitly attempts to make submission to sexual demands a condition of employment. Thus, an employee may perceive that he or she must tolerate sexual advances or engage in a sexual relationship in order to continue employment, to achieve advancement, or to avoid adverse employment consequences such as poor evaluations or demotions. Similarly, it is unlawful for an employer or an employer's agent to condition favorable treatment such as promotions, salary increases, or preferred assignments, on an employee's acceptance of sexual advances or relations.

Hostile work environment sexual harassment occurs when an employee is subjected to sexual, abusive, or offensive conduct because of his or her gender. Such conduct creates an unlawful work environment when it is severe or pervasive enough to make a reasonable person of the employee's gender believe that the conditions of employment have been altered and the working environment has become hostile or abusive. The conduct does not have to be sexual in nature and does not have to involve physical contact. For example, if a woman is subjected to non-sexual taunts or adverse treatment because of her gender, her work environment may be deemed unlawfully hostile and abusive. This analytical framework may also be applied to hostile work environments created because of an employee's race, nationality, creed, disability, or other characteristics enumerated by the Law Against Discrimination. For example, racial slurs or offensive comments or jokes about a person's dress, culture, accent or ethnic background may be severe or pervasive enough to create a hostile or abusive environment that violates the NJLAD.

Categories Protected by State FEP Statutes

Race (including traits historically associated with race, including but not limited to, hair texture, hair type, and protective hairstyles), creed, color, national origin, nationality, ancestry, age (18 or older), sex, pregnancy (including childbirth, related medical conditions, and nursing), marital, civil union or domestic partnership status, affectional or sexual orientation, gender identity or expression, atypical hereditary, cellular or blood trait, genetic information, military service, and mental and physical disability or handicap (including AIDS and HIV-related illnesses).

Other Protections

Smoking, unemployment status N.J. Stat. Ann. §§ 10:5-12., 34:8B-1, 34:6B-1, N.J. Admin. Code § 12.67-1.3.

Prohibits discrimination against volunteer emergency responders who don’t report to work because of emergency service. N.J. Stat. Ann. § 40A:14-214.

Retaliation

Retaliation against an employee who opposes any practices forbidden under the NJLAD; seeks legal advice regarding rights under the NJLAD; shares relevant information with legal counsel or a government entity; or files a complaint, testifies, or assists any proceedings under NJLAD. N.J.S.A. 10:5-12(d).

Enforcement Agency

New Jersey Dept. of the Attorney General, Division on Civil Rights

Central Regional Office

140 East Front St., 6th Floor

Trenton, NJ 08625-0090

Phone: (609) 292-4605

Fax: (609) 984-3812

South Shore Regional Office
1325 Boardwalk, 1st Floor
Atlantic City, NJ 08401

Phone: (609) 441-3100

Cherry Hill Office

5 Executive Campus

Suite 107

Cherry Hill, NJ 08034

Phone: (856) 486-4080

Northern Regional Office

31 Clinton St., 3rd Floor
Newark, NJ 07102

Phone: (973) 648-2700

Fax: (973) 648-4405

Days to File a Claim with a State Agency

Within 180 days from the alleged violation

N.J. Admin. Code § 13:4-2.

Examples of Some Available Remedies

Economic Relief

Front pay
Back pay
Compensatory damages for pain, suffering, and humiliation
Emotional distress damages
Penalties range between $10,000 and $50,000 depending on the frequency of prior violations.
Attorneys’ fees/costs
Interests
Punitive damages

Injunctive/Equitable Relief

Cease-and-desist order
Hiring
Reinstatement
Promotion

NEW MEXICO

Definition of Sexual Harassment

The Rules of the New Mexico Human Rights Commission define sex discrimination to include sexual harassment. See N. M. Admin Code 9.1.1.7(HH). The rules provide that:

‘Sexual harassment’ means any unwanted and/or repeated physical or verbal act that is sexual, including sexual advances, sexual conduct, verbal or nonverbal sexual suggestions, sexual ridicule or sexual innuendoes in order to (a) affect employment status relating to matters of compensation or the terms and conditions of employment…

N.M. Admin. Code 9.1.1.7(HH)(1)(a). Courts have recognized that the NMHRA is similar to Title VII and its structure and construction and the federal case law on harassment is informative. See Ocana v. Amer. Furniture Co., 135 N.M. 539, 91 P.3d 58 (N. M. Sup Ct. 2004).

Categories Protected by State FEP Statutes

Race (including hair texture, length of hair, protective hairstyles, or cultural or religious headdresses as traits historically associated with race), color, national origin, ancestry, religion, sex (including pregnancy, childbirth, or related medical conditions), age (40+), physical or mental handicap, spousal affiliation (for employers with 50 or more employees), serious medical condition, and nursing mothers. If the employer has 50 or more employees, spousal affiliation is protected. If the employer has 15 or more employees, sexual orientation or gender identity (actual or perceived) is protected.

N.M. Stat. Ann. §§ 28-1-2, 28-1-7, 28-1-9, 28-20-1, 50-11-3; N. M. Admin. Code 9.1.1.7(HH).

Retaliation

Retaliation is prohibited by the New Mexico Human Rights Act. NMSA 1978, §§ 28-1-1 to 28-1-14.

Other Protections

Genetic information, HIV/AIDS status, National Guard or state militia membership. N.M. Stat. Ann. §§ 24-21-4, 28-10A-1, 20-4-6, 20-5-13.

Enforcement Agency

New Mexico Human Rights Bureau

1596 Pacheco St., Suite 103

Santa Fe, NM 87505

Phone: (505) 827-6838 or

(800) 566-9471

Days to File a Claim with a State Agency

Within 300 days of the most recent act of alleged discrimination

N.M. Stat. Ann. § 28-1-10.

Examples of Some Available Remedies

Economic Relief

Actual damages—could include back pay and front pay
Compensatory damages
Affirmative action

Injunctive/Equitable Relief

Attorneys’ fees/costs

NEW YORK

New York State

Definition of Sexual Harassment

In New York, sexual harassment is a particular type of harassment, and is a form of sex discrimination. It includes harassment on the basis of sex, sexual orientation, self-identified or perceived sex, gender expression, gender identity, or the status of being transgender.

Under New York State and New York City law, sexual harassment occurs when a person is subjected to unwelcome conduct based on any of the characteristics above. Sexual harassment can include unwelcome conduct which is either of a sexual nature, or which is directed at an individual because of that individual’s sex when:

Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment, even if the complaining individual is not the intended target of the sexual harassment;
Such conduct is made either explicitly or implicitly a term or condition of employment; or
Submission to or rejection of such conduct is used as the basis for employment decisions affecting an individual’s employment.

In this context, a hostile work environment may consist of words, signs, jokes, pranks, intimidation, unwanted touching or groping, requests for sexual favors of a sexually suggestive nature (e.g., asking employee to dig coins out of a supervisor’s pants pocket), displaying pornographic images, comments (either complimentary or derogatory) about a person’s gender or sexual preferences, sexual gestures (e.g., pantomiming sex acts), or physical violence which are of a sexual nature, or which are directed at an individual because of that individual’s sex and that has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment. Sexual harassment also may consist of any unwanted verbal or physical advances, sexually explicit derogatory statements or sexually discriminatory remarks made by someone that has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment.

Sexual harassment also occurs when a person in authority tries to use sexual favors as the basis for hiring or other employment decisions. This can include hiring, promotion, continued employment or any other terms, conditions or privileges of employment. This is also called “quid pro quo” harassment.

Examples of sexual harassment can be found in the Statewide Sexual Harassment Prevention Policy on the agency website.

Sex discrimination (including sexual harassment) is unlawful pursuant to the New York State Human Rights Law § 296.1 (codified as N.Y. Executive Law, Article 15) ("NYSHRL"), Title VII of the Civil Rights Act of 1964 (codified as 42 U.S.C. § 2000e et seq.) ("Title VII") and the New York City Human Rights Law ("NYCHRL"). See N.Y.C. Admin. Code § 8-603.

The NYSHRL's and the NYCHRL's provisions prohibiting sexual harassment apply to all employers in New York State regardless of the number of employees.

Under New York State and New York City laws, sexual harassment is considered to be a form of employee misconduct and employers are required to include in their policies a statement that sanctions will be enforced against individuals engaging in sexual harassment and against supervisory and managerial personnel who knowingly allow such behavior to continue.

Under New York City laws, employment discrimination is also prohibited on the basis of actual or perceived height and/or weight.

The New York State Division of Human Rights ("NYSDHR") published guidance on sexual harassment for employers in New York State. You can view it on the agency website.

Categories Protected by State FEP Statutes

The NYSHRL prohibits discrimination and harassment on the basis of: age (18 or older), race (including traits historically associated with race, including hair textures and protective hair styles), creed, color, national origin (including ancestry), military status, sex, pregnancy, disability (including being a certified medical marijuana patient and AIDS/HIV), sexual orientation (actual or perceived, including homosexuality, heterosexuality, bi-sexuality and asexuality), familial status, gender identity or expression (including actual or perceived gender-related identity, appearance, behavior, expression, or other gender-related characteristic regardless of the sex assigned to that person at birth, including, but not limited to, the status of being transgender), genetic predisposition or carrier status, arrest records or past convictions (in certain situations), marital status (includes same-sex marriages), genetic information and testing, domestic violence victim status and sexual and reproductive health decisions.

N.Y. Exec. Law §§ 292, 296; 296-d; 9 N.Y.C.R.R. § 466.13

The NYCHRL prohibits discrimination and harassment on the basis of: age, alienage or citizenship status, arrest or conviction record, caregiver responsibilities, color, consumer credit history, disability, gender (including an individual's actual or perceived sex and the individual’s gender identity, self-image, appearance, behavior, or expression), marital status, partnership status, national origin, pregnancy, childbirth and related medical conditions, sexual and reproductive health decisions, race (including hair styles), religious practice, religion or creed, salary history, sexual orientation, domestic violence, sexual violence or stalking victim status, unemployment status, status as a veteran or active military service member, genetic predisposition or carrier status genetic information and testing.

N.Y.C. Admin. Code § 8-101 et seq.

Retaliation

The NYSHRL prohibits retaliation against individuals who engage in legally protected activity, including filing a complaint of sexual harassment, either internally or with any anti-discrimination agency; testifying or assisting in a proceeding involving sexual harassment under the NYSHRL, the NYCHRL or Title VII or any other FEP law; opposing sexual harassment by making a verbal or informal complaint to management, or by simply informing a supervisor or manager of harassment; complaining that another employee has been sexually harassed; or encouraging a fellow employee to report harassment. Retaliation is unlawful. Unlawful retaliation is any action taken to alter an employee’s terms and conditions of employment (such as a demotion or harmful work schedule or location change) because that individual engaged in any protected activity.

The NYCHRL prohibits retaliation against individuals who have (i) opposed any practice forbidden under the NYCHRL, (ii) filed a complaint, testified or assisted in any proceeding under the NYCHRL, (iii) commenced a civil action alleging the commission of an act which would be an unlawful discriminatory practice under the NYCHRL, (iv) assisted the commission or the corporation counsel in an investigation commenced pursuant to the NYCHRL, or (v) provided any information to the New York City Commission on Human Rights pursuant to the terms of a conciliation agreement made pursuant to section 8-115 of the NYCHRL. The retaliation or discrimination complained of under the NYCHRL need not result in an ultimate action with respect to employment or in a materially adverse change in the terms and conditions of employment, provided, however, that the retaliatory or discriminatory act or acts complained of must be reasonably likely to deter a person from engaging in protected activity.

Section 740 of the New York Labor Law also prohibits retaliation. Effective January 26, 2022, the amended New York law prohibits retaliation against individuals who have disclosed or threatened to disclose, to a supervisor or public body, any conduct that they reasonably believe violates any law, rule or regulation, executive order, or any judicial or administrative decision, ruling, or order; or that they reasonably believe constitutes a substantial and specific danger to the public health or safety. The conduct complained of under Section 740 need not constitute a public health or safety risk to protect the individual against retaliation; the individual only has to reasonably believe that the conduct violates the law, or constitutes such a risk, even if he or she is not correct in that belief. The individual need only make a good faith effort to notify the employer of the complained-of activity, but notice is not required if (i) there is an imminent and serious danger to the public health or safety; (ii) the employee reasonably believes that reporting to the supervisor would result in a destruction of evidence or other concealment of the activity, policy or practice; (iii) such activity, policy or practice could reasonably be expected to lead to endangering the welfare of a minor; (iv) the employee reasonably believes that reporting to the supervisor would result in physical harm to the employee or any other person; or (v) the employee reasonably believes that the supervisor is already aware of the activity, policy or practice and will not correct such activity, policy or practice.

Complaints

Complaints can be filed with the offices below. Be sure to check if the office has jurisdiction over the issue. For more information, visit the website for the New York State Joint Commission on Public Ethics.

Filing a Charge with the Equal Employment Opportunity Commission (“EEOC”)

Information on how to file a charge with the EEOC can be found here: https://www.eeoc.gov/employees/howtofile.cfm.

Employees in New York State have 300 days from the date of the most recent incident of harassment to file a charge with the EEOC.

Filing a Charge with the New York State Division on Human Rights

Enforcement Agency

The New York State Division of Human Rights ("NYSDHR") is responsible for enforcing the NYSHRL.

Headquarters:

New York State Division of Human Rights

One Fordham Plaza, 4th Floor

Bronx, NY 10458

Phone: (718) 741-8400

info@dhr.ny.gov

Regional Offices:

Albany
Agency Building 1, 2nd Floor
Empire State Plaza
Albany, New York 12220
Phone: (518) 474-2705 (or 2707)
Eml: InfoAlbany@dhr.ny.gov

Binghamton

44 Hawley St., Room 603
Binghamton, New York 13901
Phone: (607) 721-8467
Eml: InfoBinghamton@dhr.ny.us

Brooklyn (plus Manhattan below 42^nd Street and Staten Island)

55 Hanson Place, Room 1084
Brooklyn, New York 11217
Phone: (718) 722-2385
Eml: InfoBrooklyn@dhr.ny.gov

Buffalo

Main Place Tower
350 Main Street, 10th Floor, Suite 1000B
Buffalo, New York 14202
Phone: (716) 847-7632
Eml: InfoBuffalo@dhr.ny.gov

Long Island (Hempstead)

50 Clinton Street, Suite 301
Hempstead, New York 11550
Phone: (516) 539-6848
Eml: InfoLongIsland@dhr.ny.gov

Long Island (Hauppauge)

State Office Building
250 Veterans Memorial Highway, Suite 2B-49
Hauppauge, New York 11788

Phone: (631) 952-6434
Eml: InfoLongIsland@dhr.ny.gov

Manhattan (42nd Street and above, plus Bronx)

Adam Clayton Powell State Office Building
163 West 125th St., 4th Floor
New York, New York 10027
Phone: (212) 961-8650
Eml: InfoUpperManhattan@dhr.ny.gov

Office of Sexual Harassment Issues/Queens

55 Hanson Place, Room 900

Brooklyn, New York 11217

Phone: (718) 722-2060

InfoOSHIQns@dhr.ny.gov

Rochester

One Monroe Square, 259 Monroe Ave., Suite 308
Rochester, New York 14607
Phone: (585) 238-8250
Eml: InfoRochester@dhr.ny.gov

Syracuse

333 E. Washington St., Room 543
Syracuse, New York 13202
Phone: (315) 428-4633
Eml: InfoSyracuse@dhr.ny.gov

White Plains

7-11 South Broadway, Suite 314
White Plains, New York 10601
Phone: (914) 989-3120

InfoWhitePlains@dhr.ny.gov

In most instances, complaints of alleged unlawful discriminatory practice must be filed with the NYSDHR within one year of the incident. In cases of sexual harassment in employment, any complaint must be filed within three years after the alleged unlawful discriminatory practices. See N.Y. Exec. Law § 297(5); N.Y. Comp. Codes R. & Regs. tit. 9, § 465.3(e).

Follow this step-by-step process to file a complaint with the NYSDHR:

1. Fill out the complaint form (See https://dhr.ny.gov/system/files/documents/2022/04/nysdhr-employment-complaint-form-fillable.pdf), answering all of the questions and sign the form. If possible, type the form. If you are filling out the form by hand, please print.

2. After you fill out the form, have it notarized. Notary services are available at the Division free of charge. Alternatively, you can sign the complaint with a declaration under penalty of perjury.

3. Attach copies of any documents that you think will help the Division investigate the case (pay stub, letter of termination, performance evaluation disciplinary notice, etc.).

4. Return the completed complaint form to the regional office nearest you (see: https://dhr.ny.gov/contact-us). You may return the complaint by postal mail or personal delivery. You may also email your complaint to complaints@dhr.ny.gov, or fax it to (718) 741-8322.

5. Keep a copy of your complaint and copies of any documents you attach for your own records.

For more information, visit the agency website.

New Yorkers may call 1-800-HARASS-3 to connect with pro-bono attorneys on sexual harassment issues.

Examples of Some Available Remedies - New York State

Monetary Relief

Back pay
Front pay

Compensatory damages (uncapped)

Attorneys’ fees

Punitive damages (uncapped)

Injunctive/Equitable Relief

Cease-and-desist order
Hiring
Reinstatement
Promotion or upgrade
Criminal misdemeanor punishable by up to one year imprisonment and/or a fine of up to $500 for impeding, resisting, or preventing efforts of commission.

Filing a Charge with the Civil Rights Bureau of the New York State Attorney General’s Office

The Civil Rights Bureau of the New York State Attorney General’s Office is responsible for enforcing New York labor laws related to discrimination and retaliation.

Civil Rights Bureau of the New York State Attorney General’s Office

To file a complaint with the Civil Rights Bureau of the New York State Attorney General’s Office, please fill out an online complaint form at: https://formsnym.ag.ny.gov/OAGOnlineSubmissionForm/faces/OAGCRBHome A hard-copy, completed form can be mailed to the Bureau, emailed to Civil.Rights@ag.ny.gov or faxed to (212) 416-6030.

For more information, visit the agency website.

Locations
Binghamton Regional Office
State Office Building, 17th Floor
44 Hawley Street
Binghamton, NY 13901
Main Line: (607) 251-2770

Brooklyn Regional Office
55 Hanson Place, Suite 1080
Brooklyn, NY 11217
Main Line: (718) 560-2040

Buffalo Regional Office
Main Place Tower, Suite 300A
350 Main Street
Buffalo, NY 14202
Main Line: (716) 853-8400

Harlem Regional Office
163 W. 125th Street, Suite 1324
New York, NY 10027
Main Line: (212) 364-6010

Nassau Regional Office
200 Old Country Road, Suite 240
Mineola, NY 11501
Main Line: (516) 248-3302, (516) 248-3300

Plattsburgh Regional Office
43 Durkee Street, Suite 700
Plattsburgh, NY 12901
Main Line: (518) 562-3288

Poughkeepsie Regional Office
One Civic Center Plaza, Suite 401
Poughkeepsie, NY 12601-3157
Main Line: (845) 485-3900

Rochester Regional Office
144 Exchange Blvd., Suite 200
Rochester, NY 14614
Main Line: (585) 546-7430

Suffolk Regional Office
300 Motor Parkway, Suite 230
Hauppauge, NY 11788
Main Line: (631) 231-2424

Syracuse Regional Office
300 South State Street, Suite 300
Syracuse, NY 13202
Main Line: (315) 448-4800

Utica Regional Office
207 Genesee Street, Room 508
Utica, NY 13501
Main Line: (315) 864-2000

Watertown Regional Office
Dulles State Office Building
317 Washington Street
Watertown, NY 13601
Main Line: (315) 523-6080

Westchester Regional Office
44 South Broadway
White Plains, NY 10601
Main Line: (914) 422-8755

Filing a Charge with the New York City Commission on Human Rights

The New York City Commission on Human Rights ("NYCCHR") is responsible for enforcing the NYCHRL.

New York City Commission on Human Rights

To file a discrimination or harassment complaint with the New York City Commission on Human Rights, please call 311 or (718) 722-3131. You can file a complaint online at: http://www1.nyc.gov/site/cchr/about/submit-a-tip.page or via social media at: https://www.facebook.com/NYCCHR/

To report discrimination, please call 311 or (718) 722-3131 and ask for the NYC Commission on Human Rights ("NYCCHR") or send us an inquiry at: https://www1.nyc.gov/site/cchr/about/report-discrimination.page.

For more information, visit the agency website.

Locations

MTA travel information for people with disabilities is available at 711 or (877) 690-5116. MTA website: www.mta.info

Manhattan

22 Reade Street - First Floor

New York, NY 10007

(212) 306-7450

This location has a conference room equipped with an Ampetronic Hearing Loop, available for use upon request.

Brooklyn

25 Chapel Street, Suite 1001

Brooklyn, NY 11201

(718) 722-3130

Bronx

1932 Arthur Avenue, Room 203A

Bronx, NY 10457

(718) 579-6900

Queens

153-01 Jamaica Avenue, 2nd Floor

Jamaica, NY 11432

(718) 657-2465

Staten Island

60 Bay Street, 7th Floor

Staten Island, NY 10301

(718) 390-8506

Days to File a Complaint with Local Agency

Complaints of gender-based harassment must be filed with the NYCCHR within 3 years of the most recent incident. Complaints of any other type of discriminatory practice or discriminatory harassment must be filed with the NYCCHR within one year of the most recent incident.

See N.Y.C. Admin. Code § 8-109(e)

Examples of Some Available Remedies - New York City

Monetary Relief

Back pay

Front pay

Attorneys’ fees/costs

Compensatory damages (uncapped)

Punitive damages (uncapped)

Injunctive/Equitable Relief

Cease-and-desist order

Hiring

Reinstatement

Promotion or upgrade

Filing a Lawsuit in State or Federal Court

An employee may also have the right to file a lawsuit against his/her employer in either New York State Supreme Court or the United States District Court.

Contact a Local Police Department

If the harassment involves physical touching, coerced physical confinement or coerced sex acts, the conduct may constitute a crime. Employees should contact your local police department.

* * * *

Joint Commission on Public Ethics

In certain instances, sexual harassment, discrimination or retaliation may constitute violations of the Public Officers Law under JCOPE’s jurisdiction. To report such conduct to JCOPE, call the tip line at 1 (800) 873-8442 or file a complaint electronically at: https://ethics.ny.gov/report-misconduct.

Office of NYS Attorney General Civil Rights Bureau

To file a complaint, contact the Civil Rights Bureau at Civil Right Bureau, New York State Attorney General’s Office, 120 Broadway, New York, NY 10271; by phone (212) 416-8250 or (800) 771-7755; or email at civil.rights@ag.ny.gov

New York State Department of Labor

Complaints made to the New York State Department of Labor must be filed within 180 days of the incident.

The Department of Labor has offices located in Albany, Buffalo, and New York City. Contact NYSDOL for the appropriate office to file a complaint at (518) 457-9000.

NORTH CAROLINA

Definition of Sexual Harassment

The state statute does not expressly define or prohibit harassment for private employers, but the state's public policy is to "protect and safeguard the right and opportunity of all persons to seek, obtain, and hold employment without discrimination or abridgement" because of protected class membership. N.C.G.S. § 143-422.2(a).

Categories Protected by State FEP Statutes

Age, sex, race, color, national origin, religion, disability/handicap (includes record of, regarded as).

N.C. Gen. Stat. § 143-422.2.

Other Protections

Sickle Cell or hemoglobin C trait, genetic information or testing, AIDS/HIV status, military status

N.C. Gen. Stat. §§ 95-28.1 (Sickle Cell), 95-28.1A (Genetic information), 130A-148 (AIDS/HIV), 127B-11 (Military status).

Enforcement Agency

North Carolina Human Relations Commission

Mailing Address

N.C. Human Relations Commission

PO Box 590

Raleigh, NC 27602

Physical Address

Raleigh Pathways Center

900 S. Wilmington Street

Raleigh, NC 27601

Phone: (919) 996-5740

Days to File a Claim with a State Agency

A complaint shall be filed with the Labor Commissioner within 180 days of the alleged violation.

N.C. Gen. Stat. §§ 95-242(a) & 243.

Examples of Some Available Remedies

North Carolina’s Equal Employment Practices Act, N.C. Gen. Stat. § 143-422.1, et seq., does not recognize a private cause of action. See N.C. Gen. Stat. §§ 95-28.1 and 95-28.1A. The Act merely provides the remedies of investigation and conciliation. However, it is notable that North Carolina courts recognize common law causes of actions based on violation of the public policy set forth in the North Carolina General Statutes, including N.C. Gen. Stat. § 143-422.2. Remedies for public policy claims include compensatory and punitive damages.

Under N.C. Gen. Stat. § 130A-148, remedies include declaratory relief and injunctive relief, including orders to hire or reinstate. Further, the statute provides for reasonable attorneys’ fees to the substantially prevailing party as part of costs. In the employment context, the court also may award back pay (up to two years).

Under N.C. Gen. Stat. § 168A-11, declaratory relief and injunctive relief are available, including orders to hire or reinstate. The statute also provides for reasonable attorneys’ fees to the substantially prevailing party as part of costs. In the employment context, the court also may award back pay (up to 2 years).

Remedies under the Retaliatory Employment Discrimination Act, N.C. Gen. Stat. § 95-241, et seq., include an injunction of the unlawful practice or conduct; reinstatement to the prior position; restoration of benefits and seniority; back pay; lost benefits; compensation for economic losses; treble damages for willful violations; and costs and expenses, including attorneys’ fees.

NORTH DAKOTA

Definition of Sexual Harassment

The state statute prohibiting employment discrimination specifically bans sexual harassment. See N.D. Cent. Code § 14-02.4-02. The statute provides that:

The term “discriminate” includes segregate or separate and for purposes of discrimination based on sex, it includes sexual harassment. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct or other verbal or physical conduct or communication of a sexual nature when:

a. Submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining employment, public accommodations or public services, or education;

b. Submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual’s employment, public accommodations or public services, education, or housing; or

c. That conduct or communication has the purpose or effect of substantially interfering with an individual’s employment, public accommodations, public services, or educational environment; and in the case of employment, the employer is responsible for its acts and those of its supervisory employees if it knows or should know of the existence of the harassment and fails to take timely and appropriate action.

N.D. Cent. Code § 14-02.4-02(6).

Categories Protected by State FEP Statutes

Race, color, religion, sex (including pregnancy, childbirth, and related medical conditions), national origin, age (40 or older), mental or physical disability, status with regard to public assistance, marital status and participation in lawful activities during nonworking hours off the employer’s premises, which is not in direct conflict with the essential business-related interests of the employer. N.D. Cent. Code § 14-02.4-02.

Prohibits discrimination against individuals exercising their right to keep and bear arms, right of self-defense if firearm never exhibited on company property for reason other than lawful defensive purposes. N.D. Cent. Code § 62.1-02.13.

Retaliation

It is prohibited to retaliate against an employee who has opposed any unlawful discriminatory practice or who, in good faith, files a complaint or testifies, assists, or participates in an investigation, proceeding, hearing, or litigation, under the North Dakota Human Rights Act. N.D.C.C. § 14-02.4-18.

Enforcement Agency

North Dakota Department of Labor and Human Rights

Mailing Address

600 E. Blvd. Ave., Dept. 406

Bismarck, ND 58505

Phone: (701) 328 2660

Toll free in state: 1-800-582-8032

1-800-366 6888 or 1-800-366-6889

Days to File a Claim with a State Agency

300 days from last date of harm

N.D. Cent. Code § 14-02.4-19(2).

Examples of Some Available Remedies

Economic Relief

Back pay (max of 2 years)

Injunctive/Equitable Relief

Equitable relief
Cease-and-desist order
Temporary or permanent injunctions
Prehearing injunction
Other equitable relief
Attorneys’ fees/costs

The statute expressly prohibits the department and an Administrative Hearing Officer from awarding compensatory or punitive damages.

OHIO

Definition of Sexual Harassment

The state anti-discrimination statute does not expressly prohibit harassment on the basis of protected class. See Ohio Rev. Code § 4112.02. However, the Ohio Civil Rights Commission regulations provide that harassment on the basis of sex is a violation of section 4112.02. The Commission defines sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. Such conduct constitutes sexual harassment when:

a. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;

b. Submission to or rejection of that conduct by an individual is used as the basis for employment decisions affecting such individual; or

c. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.

Ohio Adm. Code 4112-5-05(J)(1).

Categories Protected by State FEP Statutes

Race, color, religion, sex (including pregnancy and related conditions), national origin, ancestry, disability (physical or mental impairment including HIV), age (40 or older), and military status.

Ohio Rev. Code Ann. §§ 4112.01, 4112.02.

Retaliation

The Ohio Civil Rights Act (OCRA) prohibits retaliation against any person who has opposed a discriminatory practice. Protected activity includes making charges or participating, testifying or assisting in any proceeding under the OCRA. R.C. 4112.02(I).

Filing a Charge

An employee may file a charge of discrimination with the Ohio Civil Rights Commission (OCRC) by visiting an office in person, by mail or by completing the charge form online. Before an employee can file a complaint in civil court, he or she must first file a charge with the OCRC. Ohio Rev. Code Ann. § 4112.052(B).

Enforcement Agency

Ohio Civil Rights Commission

Central Office

Rhodes State Office Tower

30 E. Broad St., 5^th Floor

Columbus, OH 43215

Phone: (614) 466-2785 or

(888) 278-7101

Fax: (614) 466-7742

TTY: (614) 752-2391

Akron Regional Office

Akron Government Bldg.
161 S. High St., Suite 205
Akron, OH 44308-1602
Phone: (330) 643-3100

TTY: (330) 643-1488

Cincinnati Satellite Office

Mid-Pointe Towers
7162 Reading Rd., Suite 1005
Cincinnati, OH 45237
Phone: (513) 351-2541

TTY: (614) 752-2391

Cleveland Regional Office

Lausche State Office Building
615 W. Superior Ave., Suite 885
Cleveland, OH 44113-1897
Phone: (216) 787-3150 / (216) 787-3549 (TTY)

Columbus Regional Office

Rhodes State Office Tower
30 E. Broad St., 4^th floor
Columbus, OH 43215
Phone: (614) 466-5928

TTY: (614) 752-2391

Dayton Regional Office

Point West III
3055 Kettering Blvd, Suite 111
Dayton, OH 45439
Phone: (937) 285-6500
TTY: (614) 752-2391

Toledo Regional Office

One Government Center,

640 Jackson Street, Suite 936
Toledo, OH 43604

Phone: (419) 245-2900
TTY: (614) 752-2391

Days to File a Claim with a State Agency

2 years (filing period begins to run anew with each new discriminatory act, concerning recurring or continuing violations – see admin code). See Ohio Rev. Code § 4112.051(C)(2); Ohio Admin. Code 4112-3-01(D)(1).

Examples of Some Available Remedies

Economic Relief

Back pay (including earnings collected during the resolution of the complaint)
Civil penalties

Compensatory damages representing non-economic losses (capped at the greater of $250,000 or three times the economic damages, up to a total of $350,000 per plaintiff or $500,000 per occurrence.)

Punitive damages generally limited to two times the amount of the total compensatory damages. For small or individual employers, punitive damages are generally limited to the lesser of two times the amount of compensatory damages or 10% of the employer’s or individual’s net worth, up to $350,000.

Injunctive/Equitable Relief

Cease-and-desist order
Hiring
Reinstatement
Promotion or upgrade
Attorneys’ fees
Admission or reinstatement to union membership
Reporting obligations upon employer

OKLAHOMA

Definition of Sexual Harassment

The state discrimination statute does not expressly prohibit harassment. However, the Oklahoma Office of Civil Rights Enforcement has adopted rules that prohibit sexual and national origin harassment. See Okla. Admin. Code §§ 335:15-3-10, 335:15-7-5.

The rules state that “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment” constitute sexual harassment when:

a. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

b. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or

c. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

Okla. Admin. Code § 335:15-3-10(a). The rules also state that an employer has an affirmative duty to maintain a working environment free of harassment on the basis of national origin harassment.

Ethnic slurs and other verbal or physical conduct relating to an individual's national origin constitute harassment when this conduct:

1. Has the purpose or effect of creating and intimidating, hostile or offensive working environments;

2. Has the purpose or effect of unreasonably interfering with an individual's work performance; or

3. Otherwise adversely affects individual's employment opportunities.

Okla. Admin. Code §§ 335:15-7-5(a), 335:15-7-5(b).

Categories Protected by State FEP Statutes

Race, color, religion, sex (including pregnancy, childbirth and related conditions), national origin, age (40 or older), disability (physical and mental impairment) or genetic information. Note that these protections also extend to applicants for employment. Okla. Stat. tit. 25, §§ 1301-1302; Okla. Admin. Code § 335:15-3-9. Discrimination against healthcare workers that refuse to perform certain procedures on religious or moral grounds is also prohibited. Okla. Stat. tit. 63 § 1-728c.

Other Protections

Military status. Okla. Stat. tit. 44, § 208.

Retaliation

It is prohibited to retaliate against individuals for opposing a discriminatory practice or making a charge, filing an anti-discrimination complaint, testifying, assisting or otherwise participating in an investigation, proceeding or hearing under the Oklahoma Anti-Discrimination Act. Okla. Stat. tit. 25, § 1601(1).

Enforcement Agency

Office of Civil Rights Enforcement

Oklahoma Office of the Attorney General

313 NE 21st Street

Oklahoma City, OK 73105

Phone: Oklahoma City: (405) 521-3921

Tulsa: (918) 581-2885

Days to File a Claim with a State Agency

180 days from the last date of alleged discrimination

See Okla. Stat. tit. 25, § 25-1350.

Examples of Some Available Remedies

Economic Relief

Back pay
Liquidated damages

Injunctive/Equitable Relief

Cease-and-desist order
Temporary injunction
Hiring
Reinstatement
Promotion or upgrade
Attorneys’ fees/costs
Commission is authorized to take such affirmative action as it deems necessary to carry out the purposes of the act.

OREGON

Definition of Sexual Harassment

The state statute does not expressly prohibit or define workplace harassment. The rules of the Civil Rights Division, however, specifically provide that harassment is a prohibited form of discrimination under the state statute. Harassment based on an individual's protected class is a type of intentional unlawful discrimination and is:

1. Conduct of a verbal or physical nature relating to a protected classes other than sex and

a) Such conduct is sufficiently severe or pervasive to have the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment;

b) Submission to such conduct is made either explicitly or implicitly a term or condition of employment; or

c) Submission to or rejection of such conduct is used as the basis for employment decisions affecting that individual.

Or. Admin. R. 839-005-0010.

With respect to sexual harassment, the rules specifically state that "discrimination because of sex includes sexual harassment..." Or. Admin. R. 839-005-0021. The rules further provide that:

Sexual harassment is unlawful discrimination on the basis of gender and includes the following types of conduct:

Unwelcome sexual advances, requests for sexual favors, or other conduct of a sexual nature when such conduct is directed toward an individual because of that individual's sex and:

Submission to such conduct is made either explicitly or implicitly a term or condition of employment; or
Submission to or rejection of such conduct is used as the basis for employment decisions affecting that individual.

Any unwelcome verbal or physical conduct that is sufficiently severe or pervasive to have the purpose or effect of unreasonably interfering with work performance or creating a hostile, intimidating, or offensive working environment.

Or. Admin. R. 839-005-0030(1). See also Oregon Bureau of Labor and Industry Sexual Harassment: Questions and Answers

Categories Protected by State FEP Statutes

Race (including physical characteristics historically associated with race, including natural hair, hair texture, hair type, and protective hairstyles), color, national origin, (including ancestry), sex (including pregnancy, childbirth, and related medical conditions), religion (includes religious clothing, and use of vacation time for religious observance purposes), age (18 or older), physical or mental disability, genetic screening, personal associations with others in a protected group, marital status and familial relationship (family members employed by employer), sexual orientation (actual or perceived) including gender identity, appearance or expression, opposing an unlawful practice, or assisting in a proceeding, applying for workers’ compensation benefits, invoking or using the workers’ compensation system, or testifying in a workers’ compensation proceeding (only employers with 6 or more employees), military status, credit history, status as an unemployed individual, and expunged juvenile records. See Or. Rev. Stat. §§ 174.100, 659A.001, 659A.006, 659A.029, 659A.030, 659A.033, 659A.106, 659A.112, 659A.142, 659A.303, 659A.309, 659A.320, 659A.550.

State law also recognizes additional protected categories including: Prohibition on subjecting current or prospective employees to a breathalyzer test, polygraph examination, psychological stress test, genetic test or brain-wave test (ORS 659A.300), Prohibition on Restricting Access to Employer-Owned Housing, Right to Report Health Care Violations, Volunteer Firefighter Leave (ORS 476.574, 476.576), Leave to Donate Bone Marrow, Victims of Domestic Violence, Leave for Victims of Domestic Violence, Sexual Assault and Stalking and Harassment (employers with 6 or more employees; ORS 659A.270 et seq.) Oregon Family Leave (ORS. 659A.183), Crime Victim Leave, Leave for spouses of military service members called to active duty (in companies with 25+ employees), Veterans status (with respect to equal pay), Child support garnishment (ORS 25.424), Jury service leave (includes ceasing to provide health, disability, life or other insurance during leave) (Or. Admin. R. 839-005-0130).

Retaliation

Oregon law prohibits retaliation against someone for opposing unlawful discrimination or filing a complaint, testifying, or assisting in an unlawful discrimination proceeding, or attempting to do so. Or. Rev. Stat. § 659A.199, 659A.230, 659A.233.

Enforcement Agency

Oregon Bureau of Labor & Industries Civil Rights Division

800 N.E. Oregon St., Suite 1045

Portland, OR 97232

Phone: (971) 673-0761

Fax: (971) 673-0765

Eugene Office

1400 Executive Pkwy, Suite 200

Eugene, OR 97401

Phone: (541) 686-7623

Medford Office

119 N Oakdale Ave

Medford, OR 97501

Phone: (541) 776-6060

Salem Office

3865 Wolverine Ave NE

Building E, Suite 1

Salem, OR 97305-1268

Phone: 503-378-3292

Days to File a Claim with a State Agency

5 years (for incidents in violation of ORS 659A.030, ORS 659A.082, or 659A.112, that occurred on or after September 29, 2019)

Examples of Some Available Remedies

Economic Relief

Back pay (max of 2 years prior to filing) or other benefits lost due to the discrimination
Out-of-pocket damages resulting from the discriminatory practice
Compensatory damages
Punitive damages

Injunctive/Equitable Relief

Injunctive relieve and any other equitable relief that is appropriate
Hiring
Reinstatement
Reasonable attorneys’ fees/costs

PENNSYLVANIA

Definition of Sexual Harassment

Neither the Pennsylvania Human Relations Act (PHRA) nor the administrative rules expressly define or prohibit harassment. Court decisions have, however, interpreted the state statute to prohibit sexual harassment. Further, the Pennsylvania Human Relations Commission has adopted guidelines relating to sexual harassment. The Commission Guidelines define sexual harassment as follows:

Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

a. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

b. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or

c. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

See Pennsylvania Human Relations Commission Guidelines on Sexual Harassment on the agency’s website.

Categories Protected by State FEP Statutes

Race, color, religious creed, ancestry, age (40 or older), sex (including pregnancy, childbirth, sex assigned at birth, sexual orientation, gender identity, gender expression, and gender transition), national origin, non-job related disability (physical or mental impairment and use of a guide or support animal), military membership or duty (including members of a National Guard or reserve component from another state) and persons who hold general education development certificates rather than high school diplomas.

43 Pa. Stat. § 951 et seq.; 16 P.A. Stat. § 41.102; 51 Pa. Cons. Stat. § 7309.

Retaliation

The PHRA prohibits retaliation. 43 P.S. § 955(d).

Enforcement Agency

Pennsylvania Human Relations Commission

General Inquiries

Executive Offices

333 Market St., 8^th Floor

Harrisburg, PA 17101-2210

Phone: (717) 787-4410

TTY: (717) 787-7279

Harrisburg Regional Office
333 Market Street, 8th Floor

Harrisburg, PA 17101-2210

Phone: (717) 787-9780

TTY: (717) 787-7279

Philadelphia Regional Office
110 North 8th Street, Suite 501

Philadelphia, PA 19107

Phone: (215) 560-2496

TTY: (215) 560-3599

(serves Bucks, Chester, Delaware, Montgomery and Philadelphia counties)

Pittsburgh Regional Office
301 Fifth Ave., Suite 390

Piatt Place
Pittsburgh, PA 15222
Phone: (412) 565-5395
TTY: (412) 565-5711

Days to File a Claim with a State Agency

180 days of the alleged act of harm

See 43 Pa. Stat. Ann. § 959(h); 16 Pa. Code § 42.14(a).

Examples of Some Available Remedies

Economic Relief

Back pay (limited to 3 years before filing the complaint)
Actual damages, including damages for humiliation and embarrassment in cases alleging retaliation

Injunctive/Equitable Relief

Cease-and-desist order
Hiring
Reinstatement
Other appropriate affirmative action
Attorneys’ fees/costs
The commission is authorized to take other appropriate affirmative action.

RHODE ISLAND

Definition of Sexual Harassment

By statute (Rhode Island Fair Employment Practices Act (RIFEPA)) all employers “shall promote a workplace free of sexual harassment.” See R.I. Gen. Laws ch. § 28-51-2(a). The Rhode Island Commission for Human Rights has adopted guidelines in accordance with the Administrative Procedures Act of the state defining sexual harassment. These guidelines provide that:

3001(A) Harassment on the basis of sex is a violation of the Fair Employment Practices Act. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

a. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

b. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or

c. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

See R.I. Gen. Laws § 28-51-1(B)(1)-(3); 94-040-007 R.I. Code R. § 3001(A)

Categories Protected by State FEP Statutes

Race, color, religion, sex (including pregnancy, childbirth and related conditions), country of ancestral origin, disability (including regarded as disabled, physical or mental impairment), age (40 or older), sexual orientation (actual or perceived), conviction status, or gender identity or expression (actual or perceived). See R.I. Gen. Laws §§; 28-5-5, 28-5-6, 28-5-7, 42-87-1, 42-87-2.

Other Protections

Smoking or using tobacco products outside the course of employment, AIDS testing, use of genetic information and genetic testing, homeless status, militia or reservist status, or HIV positive test result. R.I. Gen. Laws, §§ 23-6.3-11, 23-20.10-14(a), 28-6.7-1, 34-37.1-3(3), 30-11-2, 30-11-6

Retaliation

The RIFEPA prohibits retaliation. R.I. Gen. Laws §§ 28-5-7.

Enforcement Agency

Rhode Island Commission for Human Rights

180 Westminster St., 3rd Floor

Providence, RI 02903

Phone: (401) 222-2661

TTY: (401) 222-2664

Days to File a Claim with a State Agency

1 year

See R.I. Gen. Laws § 28-5-17(a)

The statute of limitations for any employment discrimination claim is 3 years.

See RI Gen. Laws §42-112-2.

Examples of Some Available Remedies

Economic Relief

Back pay (including benefits and interest)
Compensatory damages including pain and suffering
Punitive damages

Injunctive/Equitable Relief

Cease-and-desist order
Hiring
Reinstatement
Promotion or upgrade of position
Other affirmative relief as necessary
Attorneys’ fees/costs

SOUTH CAROLINA

Definition of Sexual Harassment

The state statute does not expressly define harassment, but South Carolina generally interprets the Human Affairs Law consistently with federal discrimination statutes. See S.C. Code Ann. §§ 1-13-30, 1-13-80; see also S.C. Code Ann. Regs. § 65-1 et seq.

The South Carolina Human Affairs Commission provides the following definition of sexual harassment:

Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex. For example, it is illegal to harass a man or a woman by making offensive comments in general about either gender. Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex.

Although the law does not prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).

Categories Protected by State FEP Statutes

Race, religion, color, sex (including pregnancy, childbirth, lactation, and related medical conditions), age (40 or older+), national origin (including ancestry), and disability (physical or mental impairment). See S.C. Code §§ 1-13-10 et seq., 1-13-80; 1-13-85.

Retaliation

The South Carolina Human Affairs Law (SCHAL) prohibits retaliation against an employee for opposing an unlawful employment practice, filing a charge, or testifying, assisting, or participating in an investigation, proceeding, or hearing under SCHAL. S.C. Code Ann. § 1-13-80(F). SCHAL defines retaliation as discrimination. Id.

Enforcement Agency

South Carolina Human Affairs Commission

1026 Sumter Street, Suite 101

Columbia, SC 29201

Phone: (803) 737-7800

Days to File a Claim with a State Agency

180 days from the date of the alleged discriminatory act

S.C. Code Ann. § 1-13-90(a); S.C. Code Ann. Regs. 65-2(D)(1).

Examples of Some Available Remedies

Economic Relief

Back pay (max of 2 years)

Injunctive/Equitable Relief

Cease-and-desist order
Hiring
Reinstatement
Promotion or upgrade of position
Other affirmative relief as necessary

SOUTH DAKOTA

Definition of Sexual Harassment

The state statute does not specifically define or prohibit sexual harassment. The South Dakota Supreme Court has interpreted the state law to prohibit sexual harassment and held that the state statute should be interpreted in a manner consistent with Title VII. See Huck v. McCain Foods, 479 N.W.2d 167, 169 (S.D. 1991).

The South Dakota Division of Human Rights provides further guidance about sexual harassment. It provides that:

Sexual harassment occurs when employment decisions are based upon refusal or acceptance of sexual advances, or where a working environment is so intimidating, patently offensive or sexually hostile as to hinder a person’s ability to do their work. Once an employer is made aware of a sexual harassment situation, it must take action to correct the situation. The South Dakota Human Relations Act prohibits harassment based on race, color, creed, religion, sex, ancestry, disability, or national origin.

The agency further defines sexual harassment as:

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

a. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment,

b. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or

c. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.

Categories Protected by State FEP Statutes

Race, color, creed, religion, sex (including pregnancy, childbirth, and related medical conditions), ancestry, disability (physical or mental impairment, blindness or partial blindness), and national origin. See S.D. Cod. Laws, §§ 20-13-1, 20-13-10 through 20-13-18.

Use of genetic information and testing is also prohibited. See id. at § 60-2-20.

Retaliation

Although not specifically defined by statute, South Dakota courts have held that an employer may not retaliate against an employee for engaging in statutorily protected activity, such as reporting or filing a claim for harassment or discrimination. See Williams v. South Dakota Dep't Agric., 779 N.W.2d 397 (S.D. 2010); Leslie v. Hy-Vee Foods, Inc., 679 N.W.2d 785 (S.D. 2004); Lord v. Hy-Vee Food Stores, 720 N.W.2d 443 (S.D. 2006).

Enforcement Agency

South Dakota Department of Labor and Regulation

Division of Human Rights

116 W. Missouri Ave.

Pierre, SD 57501

Phone: (605) 773-3681

Fax: (605) 773-4211

Days to File a Claim with a State Agency

180 days from date of alleged unlawful act

See S.D. Codified Laws § 20-13-31; S.D. Admin. R. 20:03:02:04 (charges filed with federal EEOC).

Examples of Some Available Remedies

Economic Relief

Back pay
Compensation incidental to the violation, other than pain and suffering, punitive, and consequential damages
Any other appropriate relief

Injunctive/Equitable Relief

Cease-and-desist order
Hiring
Reinstatement
Promotion and upgrade
Other affirmative action as necessary
Attorneys’ fees/costs in civil litigation

TENNESSEE

Definition of Sexual Harassment

Although the state statute does not contain any specific statutory reference to sexual harassment, Tennessee law provides that the department of labor and workforce development (in conjunction with the human rights commission) shall promulgate rules that provide for the distribution of materials explaining the sexual harassment rules of the state human rights commission. See Tenn. Code § 4-3-1416. Tennessee courts have interpreted the state non-discrimination statute to provide the same protections against harassment and defenses as federal law under Title VII. See Campbell v. Florida Steel Corp., 919 S.W.2d 26, 31 (Tenn. 1996)

Categories Protected by State FEP Statutes

Race, creed, color, religion, sex, national origin (including ancestry), age (40+), and disability (including regarded as disabled or impaired and including persons who are blind because of the use of guide dogs.) Tenn. Code, §§ 4-21-102; 4-21-401; 4-21-404, 8-50-103.

The Tennessee Human Rights Act applies only to employers with 8 or more employees.

Other Protections

National Guard membership. Tenn. Code Ann. § 58-1-604

Retaliation (Employers with 1 or more employees)

It is prohibited to retaliate against someone for, under the Tennessee Human Rights Act, opposing an unlawful employment action; making a charge; filing a complaint; or testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing. T.C.A. § 4-21-301.

Enforcement Agency

Tennessee Human Rights Commission

William R. Snodgrass Tennessee Tower

312 Rosa L Parks Ave, 23rd Floor

Nashville, TN 37243-1219

Phone: (615) 741-5825 or (800) 251-3589

Fax: (615) 253-1886

Days to File a Claim with a State Agency

180 days of the alleged discriminatory practice

See Tenn. Code Ann. § 4-21-302(c); Tenn. Comp. R. & Regs. 1500-01-.02(7).

Examples of Some Available Remedies

Economic Relief

Back pay
Compensatory damages; includes humiliation and embarrassment (subject to caps based on employer size)
Actual damages
May order other remedies necessary to eliminate discrimination

Injunctive/Equitable Relief

Cease-and-desist order
Take such affirmative action as deemed necessary to end the discrimination
Hiring
Reinstatement
Promotion or upgrade of position
Attorneys’ fees/costs

TEXAS

Definition of Sexual Harassment

The Texas Commission on Human Rights Act (TCHRA) prohibits workplace harassment. Tex. Lab. Code Ann. § 21.141. Courts have also recognized that age-based harassment is a violation of the state statute. See City of Houston v. Fletcher, 166 S.W.3d 479 (Tex. Ct. App. 2005). Likewise, race-based harassment is a violation of the state statute. Univ. of Tex. Health Sci. Ctr. at Tyler v. Nawab, 528 S.W.3d 631 (Tex. Ct. App. 2017). Texas courts look to analogous federal case law to interpret the TCHRA, including federal jurisprudence on harassment and an employer's defenses thereto. Id.

The TCHRA also prohibits sexual harassment. Tex. Lab. Code Ann. §§ 21.051, 21.1065, 21.141; Waffle House, Inc. v. Williams, 313 S.W.3d 796 (Tex. 2010). Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature if:

Submission to the advance, request, or conduct is made either explicitly or implicitly a term or condition of employment;
Submission to or rejection of the advance, request, or conduct is used as the basis for employment decisions;
The advance, request, or conduct has the purpose or effect of unreasonably interfering with an individual's work performance; or
The advance, request, or conduct has the purpose or effect of creating an intimidating, hostile, or offensive working environment.

Id.; Texas Workforce Commission: Sex Discrimination. The Commission also states:

The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.
The harasser can be the victim’s supervisor, an agent of the employer, a supervisor in another area, a coworker, or a non-employee.
The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
The harasser’s conduct must be unwelcome.

Categories Protected by State FEP Statutes

Race (including traits historically associated with race, including but not limited to, hair texture, and protective hairstyles such as braids, locks, and twists), color, disability, (including regarded as disabled or impaired), religion, sex (including pregnancy, childbirth or related medical conditions), national origin (including ancestry), age (40 or older), genetic information or refusal to submit to a genetic test. Tex. Labor Code Ann. §§ 21-051, 21-052, 21-053, 21-101, 21-106, 21-401, 21-402.

Other Protections

HIV/AIDS status and testing. See Tex. Health & Safety Code §§ 81.101. 81.102.

Emergency evacuation - employees who leave their workplace for a general public evacuation under an emergency evacuation order. Tex. Lab. Code Ann. § 22.002.

Retaliation

The TCHRA prohibits retaliation against someone who opposes a discriminatory practice; files a charge; files a complaint; testifies, assists, or participates in any manner in an investigation, proceeding, or hearing. Id. at § 22.055.

Enforcement Agency

Texas Workforce Commission, Civil Rights Division

1117 Trinity St., Room 144-T

Austin, TX 78701

Phone: (512) 463-2642 / (512) 371-7473 (TTY) / (888) 452-4778

Fax: (512) 463-2643

Days to File a Claim with a State Agency

300 days for sexual harassment

180 days for all other alleged unlawful employment practices

See Tex. Lab. Code Ann. § 21.202(a), (a-1); 40 Tex. Admin. Code § 819.41(e).

Examples of Some Available Remedies

Economic Relief

Back pay (max of 2 years)
Compensatory damages*
Punitive damages
The combined cap for compensatory and punitive damages is $50,000–$300,000 depending on the size of the employer

*Compensatory damages include future monetary loss, emotional pain and suffering, inconvenience, mental anguish, loss of enjoyment of life, and other loss.

Injunctive/Equitable Relief

Temporary injunction
Hiring
Reinstatement
Reasonable attorneys’ fees/costs

UTAH

Definition of Sexual Harassment

The state statute expressly prohibits harassment on the basis of protected class. See Utah Code. Ann. 34A-5-106(1)(a)(i). The statute states that:

(a) (i) An employer may not refuse to hire, promote, discharge, demote, or terminate any person, or to retaliate against, harass, or discriminate in matters of compensation or in terms, privileges, and conditions of employment against any person otherwise qualified, because of:

(A) race;

(B) color;

(D) pregnancy, childbirth, or pregnancy-related conditions;

(E) age, if the individual is 40 years of age or older;

(F) religion;

(G) national origin;

(H) disability (including regarded as disabled or impaired);

(I) sexual orientation; or

(J) gender identity.

Utah Code. Ann. 34A-5-106(1)(a)(i). Utah law defines sexual harassment as:

unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

a. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

b. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or

c. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive work environment.

Utah Admin. Code r. 606-1-2(J).

Categories Protected by State FEP Statutes

Race, color, sex, pregnancy (including childbirth and pregnancy-related conditions), age (40+), religion, national origin (includes ancestry), disability, sexual orientation, or gender identity. Utah Code Ann. §34A-5-106

Other Protections

Use of genetic information and testing Utah Code Ann. §§26-45-103.

Armed forces and reserve membership Utah Code Ann. §39-1-36

Enforcement Agency

Labor Commission of Utah Antidiscrimination & Labor Division

Mailing Address: P.O. Box 146630, Salt Lake City, UT, 84114-6630

Street Address: 160 East 300 South, 3rd Floor, Salt Lake City, UT 84111

Phone: (801) 530-6801 or

(800) 530-5090

Fax: (801) 530-7609

Days to File a Claim with a State Agency

180 days of the last alleged discriminatory act.

See Utah Code Ann. § 34A-5-107(1)(c); Utah Admin. Code r. 606-1-3(B)(1).

Examples of Some Available Remedies

Economic Relief

Back pay and benefits

Injunctive/Equitable Relief

Cease-and-desist order
Relief to the complaining party
Reinstatement
Hiring
Attorneys’ fees/costs

VERMONT

Definition of Sexual Harassment

State statute mandates that all employers have an “obligation to ensure a workplace free of sexual harassment.” Vt. Stat. Ann. tit. 21, §495h(a).

The statute defines sexual harassment as:

A form of sex discrimination and means unwelcome sexual advances, requests for sexual favors, and other verbal, physical, written, auditory, or visual conduct of a sexual nature when:

a. Submission to that conduct is made either explicitly or implicitly a term or condition of employment; or

b. Submission to or rejection of such conduct by an individual is used as a component of the basis for employment decisions affecting that individual; or

c. The conduct has the purpose or effect of interfering with an individual’s work or creating an intimidating, hostile or offensive work environment.

Sexual harassment need not be severe or pervasive in order to be unlawful pursuant to this subchapter.

Vt. Stat. Ann. tit. 21, § 495d(13).

Categories Protected by State FEP Statutes

Race, color, religion, sex (including pregnancy), sexual orientation, gender identity (actual or perceived), national origin, ancestry or place of birth, mental or physical impairment (including regarded as disabled or impaired), age (18 or older), crime victim status, and HIV status or testing.

See Vt. St. Ann. tit. 21 §§ 495, 495d.

Other Protections

Use of genetic counseling, information and testing. Vt. Stat. Ann. tit. 18 §§ 9331, 9333.

Reserve and National Guard membership. Vt. Stat. Ann. tit. 21, §491

Discrimination based on an individual’s credit report or history is prohibited. Vt. Stat. Ann. tit. 21 § 495i.

Retaliation

The Vermont Fair Employment Practices Act prohibits retaliation against someone who does in fact (or who the employer believes to have or who the employer knows is about to) oppose a discriminatory act or practice; files a charge; files a complaint; or testifies, assists, or participates in any manner with the Attorney General, a State's Attorney, the Department of Labor, or the Human Rights Commission in an investigation. Vt. St. Ann. tit. 21 § 495(a)(8).

Enforcement Agency

Office of the Attorney General

Civil Rights Unit

109 State St.

Montpelier, VT 05609-1001

Phone: (802) 828-3657 or

(888) 745-9195

Fax: (802) 828-2154

Days to File a Claim with a State Agency

1 year of the last alleged discriminatory act

Vt. Code R. 80-250-001(2).

Examples of Some Available Remedies

Economic Relief

Back pay
Compensatory damages
Civil penalties
Punitive damages

Injunctive/Equitable Relief

Hiring
Reinstatement
Promotion or upgrade
Other appropriate relief
Attorneys’ fees/costs

VIRGINIA

Definition of Sexual Harassment

The Virginia Human Rights Act (VHRA) does not expressly define or prohibit harassment. However, the statute makes it an unfair discriminatory act to engage in conduct that “violates any Virginia or federal statute or regulation governing discrimination on the basis of race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions including lactation, age, military status, disability, or national origin.” See Va. Code Ann. 2.2-3902. Harassment on the basis of protected class is prohibited by federal law.

Categories Protected by State FEP Statutes

Race (including traits historically associated with race, including but not limited to, hair texture, hair type, and protective hairstyles such as braids, locks, and twists), color, religion, national origin, sex (including pregnancy, childbirth, or related medical conditions (including lactation)), sexual orientation, gender identity, age (40 or older), marital status, military status, and disability (mental or physical impairments). See Va. Code, §§ 2.2-3900; 2.2-3901; 2.2-3905; 44-93 et seq.; 24.2-118.1. Note: Although the primary FEP provisions include disability as a protected classification, additional provisions prohibiting disability discrimination appear at Va. Code Ann. § 51.5-41.

Other Protections

Genetic characteristics or test results. Va. Code § 40.1-28.7:1.

Lawful use of cannabis oil pursuant to a valid written certification issued by a practitioner for the treatment or to eliminate the symptoms of the employee's diagnosed condition or disease as defined under § 54.1-3408.3. Va. Code § 40.1-27.4.

Retaliation

The Virginia Human Rights Act prohibits retaliation against someone who has opposed any unlawful discriminatory practice or because such individual has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing. Va. Code, § 2.2-3905(B)(7).

Enforcement Agency

Office of Civil Rights

Office of the Attorney General

202 North Ninth Street

Richmond, VA 23219

Phone: (804)-225-2292

Fax: (804) 225-3294

Days to File a Claim with a State Agency

180 days of the alleged discriminatory event.

Va. Code Ann. §§ 2.2-522, 51.5-46 ; 1VAC45-20-30

Examples of Some Available Remedies

Economic Relief

Back pay
Fringe benefits

Injunctive/Equitable Relief

Hiring
Reinstatement
Promotion or upgrading position
Attorneys’ fees/costs
Posting and reporting
Revising personnel policies

WASHINGTON

Definition of Sexual Harassment

The Washington Law Against Discrimination (WLAD) does not expressly define or prohibit harassment. Courts have interpreted the state statute to prohibit sexual, racial and disability harassment. See Glasgow v. Georgia-Pacific Corp., 103 Wash.2d 401, 693 P.2d 708 (1985); Robel v. Roundup Corp., 148 Wash.2d 35, 59 P.3d 611 (2002).

The state Human Rights Commission defines sexual harassment as unwelcome language or conduct of a sexual nature, or language or conduct that is because of sex, when:

Such language or conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive work environment (this can happen even if the complaining party is not the intended target of the sexual harassment);
Such conduct is made either explicitly or implicitly a term or condition of employment; or,
Submission to or rejection of such conduct is used as the basis for employment decisions.

This definition includes many forms of offensive behavior and includes gender-based harassment of a person even when the harassment is not sexual in nature, but rather is because of the person’s gender. Sexual harassment can include language or conduct against a person of the same sex as the harasser.

Malicious harassment on the basis of real or perceived race, color, religion, ancestry, national origin, gender, sexual orientation, or mental, physical or sensory disability is a criminal violation in Washington. See Wash. Rev. Code § 9A.36.080(1). Malicious harassment includes injury to the victim, causing damage to property, or placing the person in reasonable fear of harm to person or property. Malicious harassment is a class C felony. Id.

Categories Protected by State FEP Statutes

Age (40 or older), sex (including pregnancy), marital status (including state registered domestic partnerships, same-sex marriages), race (including traits historically associated or perceived to be associated with race, including but not limited to, hair texture and protective hairstyles), creed, color, national origin, ancestry, the presence of any sensory, mental or physical disability, use of a trained guide dog or service animal by a disabled person, the results of a HIV or hepatitis-C test, honorably discharged veteran or military status, citizenship or immigration status, victim of domestic violence, sexual assault, or stalking, and sexual orientation (actual or perceived which includes gender identity). See Wash. Rev. Code. §§ 49.60.010, 49.60.030, 49.60.040, 49.60.172, 49.60.180, 49.60.190, 49.60.200, 49.76.115; WAC 162-12-140.

Other Protections

Genetic information and testing is also prohibited. Wash. Rev. Code § 49.44.180.

Retaliation against employees who take leave related to domestic violence, sexual assault, or stalking against themselves or a family member is prohibited. Id. at §§ 49.76.030; 49.76.120.

An employer may not discharge or discipline an employee who is a member of the civil air patrol because of leave taken related to an emergency service operation. Id. at § 49.12.460.

An employer may not require an employee to disclose sincerely held religious affiliations or beliefs, or to require or authorize an employee to disclose information about the religious affiliation of another employee. Id. at § 49.60.208.

Retaliation

The WLAD prohibits employers from retaliating against any person because they have opposed any practices forbidden by the statute, or because they have filed a charge, testified, or assisted in any proceeding. Id. at § 49.60.210(1). It is also prohibited to retaliate against an applicant under WLAD. Wash. Rev. Code § 49.60.201(1); Zhu v. N. Cent. Educ. Serv. Dist. - ESD 171, 404 P.3d 504 (Wash. 2017).

Enforcement Agency

Washington State Human Rights Commission

711 South Capitol Way, Suite 402

P.O. Box 42490

Olympia, WA 98504

Phone: (360) 753-6770 or

(800) 233-3247

TTY: (800) 300-7525

Fax: 360.586.2282

E. Wenatchee District Office
519 Grant Rd
East Wenatchee, WA 98802

Phone: (360) 753-6770 or

(800) 233-3247

TTY: (800) 300-7525

Fax: 360.586.2282

Spokane District Office

1330 N. Washington St., Suite 2460
Spokane, WA 99201

Phone: (360) 753-6770 or

(800) 233-3247

TTY: (800) 300-7525

Fax: 360.586.2282

Yakima District Office
1205 Ahtanum Ridge Dr., Suite C
Union Gap, WA 98903
Phone: (360) 753-6770 or
(800) 233-3247
TTY: (800) 300-7525
Fax: 360.586.2282

Days to File a Claim with a State Agency

6 months of the date of the alleged harm

Wash. Rev. Code § 49.60.230(2)

Examples of Some Available Remedies

Economic Relief

Actual damages
Back pay
Front pay
Compensatory damages for humiliation and mental suffering (up to $10,000) – where award is granted by an Administrative Law Judge

Injunctive/Equitable Relief

Cease-and-desist order
Other appropriate relief authorized by Title VII
Hiring
Reinstatement
Promotion or upgrade of position
Attorneys’ fees

WEST VIRGINIA

Definition of Sexual Harassment

Harassment based on someone's membership in any protected class is prohibited. W. Va. Code §§ 5-11-2, 5-11-9; W. Va. C.S.R. §§ 77-4-1–2. Section 77-3-4 of the Rules of the West Virginia Human Rights Commission provides that "harassment in the workplace on the basis of religion is an unlawful employment practice. Unwelcome comments, jokes, acts and other verbal or physical conduct may constitute religious harassment when:

4.1.1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;

4.1.2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individuals; or

4.1.3. Such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment."

W. Va. Code R. § 77-3-4.1.

With respect to sexual harassment, the rules provide that "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

2.2.1. Submission to or rejection of such conduct is made either explicitly or implicitly a term or condition of an individual's employment or is exchanged for job benefits,

2.2.2 Submission to or rejection of such conduct by an individual is used as the basis for employment decision affecting such individual; or

2.2.3 Such conduct has the purpose or effect of unreasonably interfering with an individuals' work performance creating an intimidating, hostile, or offensive working environment.

2.5. Harassment is not necessarily confined to unwanted sexual conduct. Hostile or physically aggressive behavior may also constitute sexual harassment as long as the disparate treatment is based on gender."

W. Va. Code R. § 77-4.2. Sexual harassment is considered a form of sex discrimination and is a violation of the West Virginia Human Rights Act, W.Va. Code § 5-111-1 et seq.

A claim for national origin harassment is also viable under the statute. See Fairmont Specialty Servs. v. West Va. Human Rights Com'n, 522 S.E.2d 180 (1999) as is a claim for racial harassment.

Categories Protected by State FEP Statutes

Race, religion, color, national origin, ancestry, sex, age (40 or over), blindness, disability (mental or physical, actual or perceived), use of tobacco products off employer premises during non-working hours, and pregnancy. See W. Va. Code §§ 5-11-1 et seq., 21-3-19, 5-11B-2 et seq., § 77-1-4.

Retaliation

The West Virginia Human Rights Act prohibits retaliation for exercising any right under the statute. Id. at § 5-11-9(7)(C).

Enforcement Agency

West Virginia Human Rights Commission

1321 Plaza East, Room 108A

Charleston, WV 25301

Phone: (304) 558-2616 or

(888) 676-5546

Fax: (304) 558-0085

Days to File a Claim with a State Agency

365 days (although administrative exhaustion is not a prerequisite to filing a lawsuit, for which the statute of limitations is two years).

W. Va. Code §§ 5-11-10, 55-2-12

Examples of Some Available Remedies

Economic Relief

Other Relief as appropriate
Back pay
Incidental damages
Courts are empowered to grant legal or equitable relief as deemed proper

Injunctive/Equitable Relief

Cease-and-desist order
Hiring
Reinstatement
Promotion or upgrading
Attorneys’ fees/costs

WISCONSIN

Definition of Sexual Harassment

The state statute expressly prohibits sexual harassment. It provides that:

Employment discrimination because of sex includes, but is not limited to, any of the following actions by an employer:

(b) Engaging in sexual harassment; or implicitly or explicitly making or permitting acquiescence in or submission to sexual harassment a term or condition of employment; or making or permitting acquiescence in or submission to sexual harassment the basis or any part of the basis for any employment decision affecting an employee, other than an employment decision that is disciplinary action against an employee for engaging in sexual harassment in violation of this paragraph; or permitting sexual harassment to have the purpose or effect of substantially interfering with an employee’s work performance or of creating an intimidating, hostile or offensive work environment. Under this paragraph, substantial interference with an employee’s work performance or creation of a hostile or offensive work environment is established when the conduct is such that a reasonable person under the same circumstances as the employee would consider the conduct sufficiently severe or pervasive to interfere substantially with the person’s work performance or to create an intimidating, hostile, or offensive work environment.

Wis. Stat. § 111.36(1)(b). Sexual harassment is defined as:

...unwelcome sexual advances, unwelcome requests for sexual favors, unwelcome physical contact of a sexual nature or unwelcome verbal or physical conduct of a sexual nature. "Sexual harassment" includes conduct directed by a person at another person of the same or opposite gender. "Unwelcome verbal or physical conduct of a sexual nature" includes but is not limited to the deliberate, repeated making of unsolicited gestures or comments of a sexual nature; the deliberate, repeated display of offensive sexually graphic materials which is not necessary for business purposes; or deliberate verbal or physical conduct of a sexual nature, whether or not repeated, that is sufficiently severe to interfere substantially with an employee's work performance or to create an intimidating, hostile or offensive work environment.

Wis. Stat. § 111.32(13).

Categories Protected by State FEP Statutes

Age (40 or older), race, creed, color, disability, marital status (domestic partnerships in limited instances such as leave laws), sex (including sexual orientation, pregnancy, childbirth, maternity leave or related medical condition), genetic testing, national origin, ancestry, arrest or conviction record, membership in the national guard or military service, use/nonuse of lawful products off the employers premises during nonworking hours, declining to attend a meeting or to participate in any communication about religious matters or political matters, honesty testing, and use of genetic information. See Wis. Stat. §§ 111.31, 111.321, 111.322, 111.325, 111.33, 111.335, 111.337, 111.34, 111.345, 111.36, 111.365, 111.37 111.395.

Other Protections

HIV status or testing is also prohibited. See Wis. Stat. § 103.15.

Prohibits discrimination against individuals exercising emergency responders’ leave rights (Volunteer firefighters, emergency medical technicians, first responders, ambulance drivers). Id. at § 103.88.

Retaliation

The Wisconsin Fair Employment Act prohibits retaliation. Id. at § 111.322(2m), (3).

Enforcement Agency

Wisconsin Department of Workforce Development

Equal Rights Division

201 E. Washington Ave., Room A100

Madison, WI 53708

Phone: (608) 266-3131 or (608) 266-6860

Fax: (608) 327-6001

Mailing Address:

P.O. Box 8923

Madison, WI 53708-8928

Milwaukee Office

819 N. 6^th St., Room 723

Milwaukee, WI 53203

Phone: (414) 227-4384

Fax: (414) 227-4084

Days to File a Claim with a State Agency

300 days from the date of the alleged discriminatory act

See Wis. Stat. § 111.39(1).

Examples of Some Available Remedies

Economic Relief

Back pay (max of 2 years)

Injunctive/Equitable Relief

Hiring
Reinstatement
Promotion and upgrade
Attorneys’ fees/costs
Statute authorizes the department to order such action as is necessary to carry out the purposes of the act.
ALJ can award wages lost, interest on lost wages, attorney fees and costs.

WYOMING

Definition of Sexual Harassment

The state statute does not expressly define or prohibit harassment. Wyoming courts have interpreted the prohibition against sex discrimination to include a prohibition against sexual harassment. See Hoflund v. Airport Golf Club, 105 P.3d 1079 (Wyo. 2005). Such claims are analyzed using the same standards as are applied under Title VII of the Civil Rights Act of 1964.

Categories Protected by State FEP Statutes

Age (40 or over), sex, race, creed, color, national origin, ancestry, disability, pregnancy, and use or nonuse of tobacco products outside the workplace. See Wyo. Stat. § 27-9-102, 27-9-105.

Other Protections

Uniformed services (includes armed forces, army national guard, air national guard)

Wyo. Stat. Ann. § 19-11-104.

Enforcement Agency

Wyoming Dept. of Employment, Labor Standards Office

Fair Employment Program

5221 Yellowstone Rd.

Cheyenne, WY 82002

Phone: (307) 777-7261

Fax: (307) 777-5633

Casper Office

444 W. Collins Dr., #1100

Casper, WY 82601

Phone: (307) 235-3679
Fax: (307) 235-3688

Days to File a Claim with a State Agency

6 months

Wyo. Stat. § 27-9-106(a)

Examples of Some Available Remedies

Economic Relief

Back pay
Front pay

Injunctive/Equitable Relief

Cease-and-desist order
Posting a notice or making reports
Prehearing injunction
Hiring
Reinstatement
Promotion or upgrading
Any other relief to make the complainant whole.
Attorneys’ fees/costs

[1] Note: Gender expression is defined as a person's gender-related appearance and behavior, whether or not stereotypically associated with the person's assigned sex at birth. Cal. Code Regs. tit. 2 § 11030. Gender identity is defined as each person’s internal understanding of their gender, or the perception of a person’s gender identity, which may include male, female, a combination of male and female, neither male nor female, a gender different from the person’s sex assigned at birth, or transgender. Id.

Filing a Lawsuit in State or Federal Court

An employee may also have the right to file a lawsuit against his/her employer in either New York State Supreme Court or the United States District Court.

Contact a Local Police Department

E. Wenatchee District Office 519 Grant Rd East Wenatchee, WA 98802

Spokane District Office

E. Wenatchee District Office
519 Grant Rd
East Wenatchee, WA 98802