Scott@Seifertsmall.com
How to Win a Sexual Harassment Case in Wisconsin
Sexual harassment at work is far too common, and many employees don’t know what steps to take when it happens. While it can feel overwhelming, knowing your rights—and how to protect them—can make all the difference in whether you win your case.
At our firm, we’ve helped employees across Wisconsin hold employers accountable for harassment and retaliation. Here’s what you need to know if you or someone you love is facing sexual harassment at work.
The Two Types of Sexual Harassment
Workplace sexual harassment generally falls into two categories:
1. Hostile Work Environment
This is when you are subjected to unwelcome sexual behavior, comments, or advances that are “severe or pervasive.” Examples include:
- A co-worker or manager making repeated sexual jokes or comments about your body.
- Unwanted touching, groping, or other physical harassment.
- Persistent romantic advances after you’ve said no.
Not every inappropriate comment rises to the level of harassment under the law. A one-time remark about your outfit, for example, probably won’t qualify. But ongoing or serious harassment—especially if it interferes with your ability to do your job—may create a hostile work environment.
2. Quid Pro Quo Harassment
“Quid pro quo” means “this for that.” This happens when a supervisor ties your job benefits to sexual favors. Common examples include:
- “If you go on a date with me, I’ll give you a promotion.”
- “If you don’t sleep with me, you’ll lose your job.”
Both hostile environment and quid pro quo harassment are illegal under state and federal law.
What to Do If You’ve Been Harassed
If you’ve experienced sexual harassment, the first step is to report it. Employers can only be held legally responsible if they are aware of the harassment and fail to stop it.
Here’s how to protect yourself:
- Speak up: Tell the harasser their behavior is unwelcome (if you feel safe doing so).
- Report it to HR or management: Always put your complaint in writing.
- Use a personal email: Send it from your personal account so you keep a copy, even if you lose access to your work email.
Documenting your complaint is the most important step toward winning your case.
If the Harassment Doesn’t Stop
If the harassment continues after you report it, don’t wait. If you feel unsafe, humiliated, or unable to perform your job, contact an attorney right away.
We offer free consultations and will explain your options. Call us at 414-273-9900 to speak directly with an attorney.
Retaliation: Firing After a Complaint
Unfortunately, some employers don’t address harassment—they punish the victim instead. If you are fired, demoted, or disciplined after making a harassment complaint, that’s called retaliation, and it’s just as illegal as the harassment itself.
Employers may hope you’ll give up quietly. You don’t have to. An experienced employment attorney can fight back for you.
Severance Agreements and “Voluntary” Resignations
Sometimes, an employer who knows they’re in trouble will try to limit their liability by offering a severance package in exchange for your resignation.
It may sound tempting, but be cautious. By signing, you could be giving up your right to bring a claim that is worth much more than the severance check.
Never sign a severance agreement until you’ve spoken to an attorney.
How to Document and Protect Your Case
The more evidence you have, the stronger your case will be. Here are some tips:
- Save all communications: Keep emails, texts, voicemails, or notes that show harassment or retaliation.
- Track incidents: Write down dates, times, locations, and what was said or done.
- Keep performance records: Hang on to evaluations, write-ups, or other HR documents. They can help show whether retaliation occurred.
- Store information safely: Use a personal device or email, not your work computer.
Important Deadlines
Sexual harassment and retaliation claims have strict time limits. Under the Wisconsin Fair Employment Act, you generally have 300 days from the date of the harassment or retaliatory action to file a claim.
That may sound like a long time, but deadlines can sneak up quickly. The sooner you speak with an attorney, the better your chances of protecting your rights.
How to Win Your Case
If you want the best chance of winning a sexual harassment claim:
- Complain early.
- Complain often.
- Complain in writing.
- Never quit your job (unless advised by your attorney).
Take Action Today
If you’ve been sexually harassed or retaliated against at work, you don’t have to face it alone. Call our office today at 414-273-9900 for a free consultation. You pay nothing unless we recover money on your behalf.