Can I sue the owner of my company for sexual harassment?

Harassment by anyone at work can give rise to a sexual harassment lawsuit, especially if the behavior is exhibited by the owner of the company. Since a company is, of course, not a living person, the “company” essentially is made up of the people who work at and run it, especially the owner, CEO, CFO, president or anyone else in a leadership position. As such, if the owner of the company is behaving inappropriately toward you or displaying signs of harassment, you may have a cause of action for a sexual harassment lawsuit and you may be able to file a claim with the Equal Employment Opportunity Commission (EEOC) and/or file a civil suit to collect damages.

Sexual harassment can take two main forms: “quid pro quo harassment” and “hostile work environment harassment.”

If the owner of the company is offering you a promotion, advancement, employment security, or any other special benefits in exchange for performing sexual favors, this is an example of quid pro quo harassment. It’s important to note that even if you do engage in sexual behavior in order to get the promotion, job security, etc., this doesn’t necessarily disqualify you from making a successful sexual harassment claim.

If, on the other hand, the owner is repeatedly making unwanted advances, or is creating an environment where you feel uncomfortable on the basis of your gender or his behavior, then this can be an example of a hostile work environment harassment. For example, if the company owner encourages a culture where employees are degrading to someone based on his or her sex, or a environment where sexually explicit jokes are made on a routine basis, and if this corporate culture is upsetting and/or damaging to you in any way, you may be able to make a claim on the basis of that hostile work environment.

If you believe you are the victim of any type of harassment, you have legal rights and it’s in your best interest to talk to a lawyer immediately.

Case Studies: Sexual Harassment by Company Owners

Case Study 1: Quid Pro Quo Harassment

In this case, a female employee is repeatedly subjected to unwanted advances and sexual comments by the owner of the company. The owner suggests that the employee’s job security and career advancement depend on her willingness to engage in sexual acts. Despite feeling the pressure, the employee reluctantly complies. However, she decides to take legal action and files a sexual harassment lawsuit against the owner, alleging quid pro quo harassment.

Case Study 2: Hostile Work Environment

In this scenario, a male employee works in an environment created by the owner of the company that is hostile towards women. The owner allows and even participates in the use of derogatory language and explicit jokes targeting female employees. The employee finds this environment uncomfortable and damaging, affecting their well-being and professional growth. The employee seeks legal counsel and decides to file a sexual harassment claim, citing a hostile work environment created by the owner.

Case Study 3: Inappropriate Behavior

In this case, a non-binary employee experiences persistent inappropriate behavior from the owner of the company. The owner makes unwelcome advances, sends explicit messages, and frequently comments on the employee’s appearance. Despite expressing discomfort and setting boundaries, the behavior continues. The employee gathers evidence and consults with an attorney to pursue legal action against the owner for sexual harassment, emphasizing the impact on their emotional well-being and work performance.​