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Prosecuting Sexual Harassment Cases in Minnesota

February 7, 2019 By Larry Schaefer

Prosecuting Sexual Harassment Cases | Schaefer Halleen, LLC

The recent and growing #MeToo and #TimesUp movements give us all hope that we can make real progress in eradicating sexual harassment from the workplace.  

Unfortunately, this hope often meets harsh reality when sexual harassment cases proceed into litigation, where decades of difficult precedent creates sometimes insurmountable obstacles to seeking justice for clients subject to harassment in the workplace. Advocates in this field need to understand that these two arenas – the broader societal and cultural recognition of the damage caused by sexual harassment as exemplified by these movements and the legal system where these claims are adjudicated – are not distinct, but that the legal system can and should be influenced by our growing societal awareness of the need to eradicate this problem.

Steps need to be taken throughout the process of advocating for individuals subject to sexual harassment which can help to ensure that past legal standards are re-evaluated in light of the impact of these movements.

Terminology Matters when Prosecuting Sexual Harassment

At the outset of advocating for individuals subject to workplace harassment, discard the practice of characterizing your client as a “victim” in the workplace. This can serve to de-humanize your client, and results in a focus on him or her, when the focus needs to be on the nature of the harassment to which they were subjected.  Instead, focus on detailed descriptions of the harassing conduct, and understand whether it states a “quid-pro-quo” or hostile environment claim. The former involves sexual conduct which conditions employment, or perks of employment, on acquiescing to sexual advances.  The latter involves conduct which is only actionable if it is sufficiently “severe or pervasive” to alter a term or condition of employment, thus creating a “hostile environment.” This is the area where extremely difficult legal precedent creates sometimes insurmountable obstacles in litigation.

If the claim is quid-pro-quo harassment, don’t confuse the claim by conflating it with “hostile environment” harassment.  Too often, what should be quid-pro-quo claims are alleged as hostile environment claims, which is unnecessary and can lead to judges applying past legal standards which are not intended to govern these very simple claims.

If Alleging Hostile Environment, Be Sure the “Totality” of the Circumstances are Properly Alleged and Considered  

If the claim is hostile environment harassment, be sure that you allege and present every incident, whether words or actions, which is part of the pattern of illegal conduct creating the hostile environment. Both the number of incidents and details about these incidents, including any witness or documentary support, is critical. It is extremely difficult to successfully allege a hostile environment claim based on very few incidents of alleged harassment, unless these few incidents can legally be considered sufficiently “severe” to create a hostile environment. Therefore, when you are relying on a small number of incidents, be sure the severity of these incidents is presented in sufficient detail, both in terms of the conduct itself and the immediate and lasting impact on your client.

When the court applies the law to this evidence, usually at the summary judgment stage, be sure you educate the judge that the standard is “severe OR pervasive” (not “and,” which is a surprisingly common mistake), and that the “totality” of the incidents must be considered, as well as their “cumulative effect” on your client.  These application of these three standards can and should be influenced by the #MeToo and #TimesUp movements and the resulting growing societal awareness of the impact of sexual harassment.  

For instance, the severe or pervasive standard is to be evaluated based on the “reasonable person” standard, which is intended to be an “objective” lens requiring the impact of the conduct to be assessed by the judge in terms of how a “reasonable person” would have reacted. This shouldn’t be a static, unchanging focus over time, but instead can and should evolve to now encompass the increased awareness about the devastating impact of harassment which these two movements have brought. If necessary, distinguish past negative precedent based on this growing understanding.

Insist on Appropriate Limits in Discovery

The defendant may seek broad discovery into every aspect of the plaintiff’s life, sexual past and medical/psychological history and treatment, ostensibly assert a defense that the alleged conduct was not “unwelcome” or that the plaintiff is mentally unstable and misperceived events to which no “reasonable person” would have objected.  RESIST broad discovery in these areas. Responsible judges can and will place appropriate limits on this type of discovery, and ample precedent, evidentiary rules, and statutes (i.e. the Violence Against Women Act) support these limits.

Maximize Emotional Distress Damages at Trial

At trial, an individual subject to illegal harassment may recover for all emotional distress caused by this conduct.  Contrary to the “reasonable person” standard which applies to assess liability evidence, the standard in assessing these damages is entirely subjective, and the maxim that “a tortfeasor takes their victim as they find them” fully applies to these damages.  Therefore, if your client has any past or present mental health condition which caused the emotional harm to be exacerbated, this can and should be fully developed and assessed by the jury in this area. This can often result in significant compensatory damage verdicts.

Schaefer Halleen lawyers understand every aspect of prosecuting sexual harassment cases, and have vast experience in this sensitive area of the law. Sexual harassment attorney Minnesota is committed to doing everything we can to vindicate the rights of individuals subject to sexual harassment. We are available for a free consultation to assist you in determining whether you have been subject to harassment or retaliation in the workplace, and can develop a strategy for proving the case, usually on a contingent fee basis (i.e. you pay nothing for legal fees until a favorable result is achieved by settlement or judgment).  

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Filed Under: All Blog Posts, Lawrence P. Schaefer, Sexual Harassment

Larry Schaefer

About Larry Schaefer

Lawrence P. Schaefer has earned the respect of judges and other lawyers for his thorough and aggressive client advocacy in negotiation and litigation. He focuses exclusively on representing people who have been subject to employment discrimination at work. Larry serves as the firm’s President and head of litigation. Read more >

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Schaefer Halleen, LLC

Schaefer Halleen, LLC is located at:
412 S 4th St
Suite 1050
Minneapolis, MN 55415
Phone:612-294-2600
Fax:612-294-2640
www.schaeferhalleen.com

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Based on 31 reviews
Schaefer Halleen, LLC
Schaefer Halleen, LLC
4.7
DeAijha Perry
DeAijha Perry
05:22 30 Dec 20
Henry V
Henry V
15:56 25 Sep 20
I worked with Larry Schaefer and Lauren D'Cruz. They enthusiastically took up my case. They showed creativity, good judgment and deep knowledge of the law in formulating the theory of the case. They also struck a fine balance between zealous advocacy and risk management. They were very responsive and provided timely status updates throughout our engagement. They took genuine interest in me as a person. I would recommend Schaefer Halleen to my family and friends without reservation.
Constance Lewis
Constance Lewis
15:46 10 Aug 20
I had the opportunity to work with Peter Christian. He was amazing to work with. He believed in my case from the moment we spoke and was diligent in working for me. He kept me in the loop on every aspect of my case, he allowed me to have input before decisions were made and fought for me from the very beginning to the end. He was prompt and followed through on everything he said he would. Peter was very professional, and timely. I truly appreciate the time and dedication to my case. Thank you Peter for taking the chance with my case and fighting for me. With Peter's expertise, my case was settled with a positive and favorable outcome. You were a pleasure to work with and I would highly recommend your services. Thank you again!
B Bowlby
B Bowlby
15:46 24 Apr 20
I cannot recommend Schaefer Halleen highly enough. I had a particularly hard employment issue and I found the people at S.H. to be excellent to work with. They are all very professional, very intelligent, handled me and my situation with care and always kept me up to date on where my case was at. In the rare instance when I contacted them by either phone or email I received a near immediate response.I was always made to feel that I was important and I always felt I was being given advice I could trust. At the end of the day my case was settled in a very timely manor and I am very pleased with how it turned out.Finally, the lawyers and staff at S.H. are some of the most experienced people in their industry and I was very impressed with their past accomplishments. I knew I could trust S.H. to handle my case after the very first meeting. If you need employment law help, Schaefer Halleen, LLC is the one and only firm I would recommend.
Roland Awasome
Roland Awasome
13:32 02 Apr 20
I am a professional and worked with many attorneys in the past. Peter is hands down the best out there. I can’t recommend him enough .
Laura H
Laura H
14:10 21 Feb 20
I am so thankful I found the Schaefer Hallen team to help me through one of the most difficult times in my life. Lauren always took the time to listen and was respectful and professional. Her attention to detail is impeccable, and she helped organize all my random thoughts and emails to help strengthen my case. Larry and Lauren kept me informed throughout the whole process and always made me feel like I was in control. With their expertise, my case was settled efficiently and with a positive outcome.
Mevhibe Atay
Mevhibe Atay
20:03 19 Feb 20
I had a great experience with the firm. My attorney Darren Sharp was very efficient, knowledgeable and kept me informed at every step. Very trustworthy and professional.
Ioannis Karampelas
Ioannis Karampelas
15:45 12 Sep 19
Extremely professional and humane treatment towards me as a person in severe trouble, perplexed by conditions generated totally out of my control. This law firm is outstanding.
Katy Eagle
Katy Eagle
16:54 16 May 19
Overall, the firm is great! Lauren D'Cruz is organized, thoughtful, and very pleasant to work with. I have enjoyed my interactions with everyone at Schaefer Halleen over the years. I highly recommend the firm and Ms. D'Cruz.
M M
M M
20:11 05 Apr 19
It is with great pleasure that I write this for Mr Schaefer and his capable people comprised of talent and empathy. I had a fear of Attorneys (due to my own weakness, no disrespect to the legal profession), but I felt pleasantly surprised after my visit to his firm located in the heart of Minneapolis - my home city that I am passionate about. Larry's office emblomized everything that I look for. The attorneys, the administrative staff, the decor, it all felt "happy" and "inter-connected". I had thought my case was too too hard to understand by others, however due to Larry's brilliance and savvy, it became evident to me that he understood it very well. He had a clear line of action and a resolve to seek justice with ethics. That was all that I desired. I hope Larry's office continues to serve the disability community, that it prospers, grows, and makes Minneapolis the best city in the world.
Sameh Said
Sameh Said
16:21 04 Apr 19
I am very thankful to Larry for helping me through a very difficult time of my life. My former employer discriminated against me and treated me very badly and I was forced to resign to end my struggle with this employer. I did not know what to do or who I can find to help me getting through this and restore my reputation and my employment. I met with several layers prior to my meeting with Larry and I can tell the difference immediately when I engaged with him. Larry told me what will happen in the first meeting and despite my process took several months, he was able to predict the successful outcome just through listening to me in that very first meeting. He has complete understanding of all employment related issues, he is focused and dedicated to help his clients getting back on track. His strategic thinking and the steps he made were the key to success. He also has a wonderful team that are just the right team to help. Quick response and timely feedback about what is going on with the case so you are always in the loop with the next step. Now I moved on to a new and a better employer and I feel I am beginning a new and a good chapter in my life, and I feel I can't thank Larry or his wonderful team enough for what they did to me and how they supported me to get through probably the worst chapter in my life.Thank you Larry
Rebecca Thavis
Rebecca Thavis
17:14 02 Apr 19
Larry truly went above and beyond. In each step of the case, he made sure I was aware of what was happening and the next steps. He called frequently, and followed my choices, making sure that I felt in control. I never felt like a victim, or less- he helped inspire me to fight for what I needed and deserved. If I had to go through it again, no questions asked, I would want Larry by my side every step of the way. His team is well organized, efficient, kind and discrete. I am forever grateful that Schaefer Halleen represented me, and I highly suggest them for any and all people who need empowering representation.
Joanne Simons
Joanne Simons
21:30 26 Mar 19
Excellent experience, outstanding staff, expedient, caring, respectful.
Jessie Lecy
Jessie Lecy
00:22 18 Mar 19
The humanness and genuine care for their clients separates this firm from others and makes it best in class.
John Styliaras
John Styliaras
23:55 17 Mar 19
Larry and his team at Schaefer Halleen helped bring to resolution issues at the workplace in an amicable manner. When I first approached Larry, I was not even sure what steps to take, what to do, did not even know if I needed a lawyer, or why I needed a lawyer. All I knew was that friends and colleagues told me to reach out to a lawyer. And when I asked around, his name and his firm's name kept on being mentioned by many. And the reputation was well deserved.Larry patiently and deliberately listened to my story, and then explained to me exactly why I needed a lawyer, and how he could help me. Immediately he laid out the plan about how to proceed. Instantly I was put at ease. Throughout a very long process, he provided me advice and guidance and was always willing to talk to me on the phone, whenever there were either updates, or I had questions and concerns.I am absolutely certain that I would had not been able to reach the resolution without Larry's and his team's steadfast guidance, advice, and impressive work. I recommend Larry and his firm unconditionally - the very best in the field.John C. Styliaras MD,MS
Suzanne Simpson
Suzanne Simpson
14:43 15 Mar 19
Lawrence is exceptional. He prepared me for the process, explained the possible outcomes and provided next step direction throughout. My experience was settled efficiently, and with a very positive outcome. I’m so glad I found Schafer Haleen, LLC.I highly recommend their services.Suzanne
Ricardo Vidal Gonzalez
Ricardo Vidal Gonzalez
18:49 12 Dec 18
I highly recommend the Schaefer Halleen law firm. Larry Schaefer was always available to answer any questions and his team was very professional. They work hard to get results and take the time to listen to the client’s goals.
annette miller
annette miller
00:40 07 Nov 18
I found the team to be professional, respectful and very well versed in employment law. I would recommend them to anyone looking for advice or expertise in this area.
Lynn Hassan Jones
Lynn Hassan Jones
14:18 31 Oct 18
I am a physician who recently hired Schaefer and Halleen to represent me in an employment discrimination case, my Atty was Jean Boler ESQ.They provided top-tier legal services to me for my case 2017 through my settlement in 1st qtr of 2018.This was excellent legal representation, specifically - very responsive, very prompt, extremely detailed and never off-putting.Absolutely would recommend without reservation!
Doc MoSho
Doc MoSho
19:40 02 Jul 18
They were attentive and responsive and dod a great job of diffusing the tension in a situation that could have been quite adversarial. They also did an excellent job of level setting before the process proceeded to far in an unrealistic direction. Great work.
the Dodger
the Dodger
14:28 04 Jun 18
Joyce Jenkins
Joyce Jenkins
19:03 02 Jun 18
Larry has been a great resource for several years. His response time, quality of response and follow up are excellent. He has been flexible enough to answer an impromptu calI and get a response back within an hour. I recall talking to Larry early one morning when there was 8" of snow and most businesses were closed. He was the only one in the office to keep my appointment.I have recommended Larry to more than a dozen of my friends and colleagues and I feel very comfortable recommending him to anyone.Derek Jenkins
John
John
23:57 01 Jun 18
An honest lawyer? YES! Larry was fantastic and I can’t thank him enough for his unbiased advice and support.
Ravi Balwada
Ravi Balwada
21:00 01 Jun 18
Larry is amazing. Very professional, takes the time to listen, is very knowledgeable and respected and if he says he can get you justice - you can count on it.
John Wichmann
John Wichmann
20:19 01 Jun 18
Larry and his team did an amazing job! They completed a task very smoothly and successfully that others said couldn't be done. I would hire him again in a heart beat.
Anne Dament
Anne Dament
18:52 01 Jun 18
Larry Schaefer is an incredible leader with an outstanding team of experts. They listen and care about their clients and work very hard on your behalf, educating you on your rights and guiding you through the process along the way. Everyone on the team is helpful and kind. 5 stars.
Bea Abdallah
Bea Abdallah
18:01 01 Jun 18
I strongly recommend this firm — so much so I once referred a colleague who they also helped. The firm is focused on their client’s specific issues, and unlike other attorneys I’ve worked with, they keep ongoing communication with you as the case advances. I am impressed with the professionalism and strong leadership from the staff, and deeply grateful for their good work.
Joanna Ramirez
Joanna Ramirez
16:54 01 Jun 18
I am grateful to Larry and his team. They did an excellent job of educating me about the legal process and keeping me updated on the status of my case. They had first hand knowledge about employment law in that they worked to get some of the legislation established.
Brett Rizk
Brett Rizk
12:26 13 Feb 17
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Recent Blog Posts

  • COVID-19 and Severance Payments January 19, 2021
  • Identifying Sexual Harassment in the Workplace January 5, 2021
  • How Do I Win a Wrongful Termination Case in MN? December 22, 2020
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