The pattern I see most often: a female employee is sexually harassed by a supervisor or coworker. She does what the employee handbook says — reports it to HR in writing. The harassment doesn’t stop, or it intensifies. And within weeks or a few months, she’s terminated, demoted, or pushed out for some pretextual reason.

That pattern — written complaint followed closely by an adverse action — is one of the cleanest retaliation cases in employment law. If it matches yours, we should talk.

The same framework applies to discrimination and harassment based on sexual orientation or gender identity, which the U.S. Supreme Court confirmed are also covered under Title VII in its 2020 Bostock v. Clayton County decision.

I’m Warren Astbury. I’m a Harvard Law graduate (2009) with 15 years of experience and 50+ trials to verdict. I represent Michigan employees — only employees, never employers — in gender discrimination, sexual harassment, and retaliation cases.

Schedule a Free Case Evaluation → Or call 814-821-1140

The three-question intake filter

1. You experienced gender-based discrimination, sexual harassment, a hostile work environment, or discrimination based on sexual orientation or gender identity.

2. You reported it — in writing if possible, to HR, a supervisor, an ethics hotline, the EEOC, or the Michigan Department of Civil Rights.

3. You were fired, demoted, disciplined, or forced to resign within a close time window after the report — or you were forced to resign because the conduct made the job intolerable (constructive discharge).

If those three are true, call 814-821-1140 or request a free case evaluation →.

What “gender discrimination” covers

Title VII of the Civil Rights Act of 1964 prohibits discrimination “because of sex.” After the Supreme Court’s 2020 ruling in Bostock v. Clayton County, 140 S. Ct. 1731 (2020), that protection covers three overlapping categories:

Sex-based discrimination — being treated differently because of your biological sex. This includes pay disparities, differential promotion decisions, differential work assignments, differential discipline, and differential termination decisions.

Sexual harassment — unwelcome conduct of a sexual nature, whether quid-pro-quo (submit to sexual advances to keep your job or get a promotion) or hostile work environment (severe or pervasive sexual conduct that alters the terms of your employment).

Sexual orientation and gender identity discrimination — Bostock held that firing someone for being gay or transgender is necessarily discrimination “because of sex,” making it unlawful under Title VII. This coverage applies in Michigan regardless of what state law says, because Bostock interprets federal law.

Michigan adds more coverage

Title VII applies to employers with 15 or more employees. Michigan’s Elliott-Larsen Civil Rights Act (ELCRA) applies to employers with one or more employees and covers sex, sexual orientation, and gender identity discrimination. If your employer is too small for Title VII, ELCRA likely still applies.

Sexual harassment: the legal standard

To establish a sexual harassment claim, you generally have to show two things:

The harassment was “because of sex” — meaning sex was a motivating factor in the conduct; and
The harassment was “severe or pervasive” enough to alter the conditions of your employment and create an abusive working environment.

Courts evaluate “severe or pervasive” using four factors. None of them alone is dispositive:

The frequency of the conduct
The severity of the conduct
Whether it was physically threatening or humiliating versus a mere offensive utterance
Whether it unreasonably interfered with your job performance

The standard is severe or pervasive — not severe and pervasive. The more severe the conduct, the less frequent it needs to be. For a detailed walkthrough of how this works — the “currency” metaphor of making a dollar with pennies or a single dollar bill — see the Wrongful Termination hub →.

A single kiss can be enough. A handful of comments usually isn’t.

Courts generally agree that a single unwanted kiss on the lips by a supervisor is severe enough to establish sexual harassment — it’s an isolated incident, but few actions are more severe or offensive. (Any unwanted sexual touching by a supervisor may also constitute sexual assault under criminal law, a separate matter.)

On the other hand, courts generally hold that a small handful of sexually suggestive comments — even directed at you — are typically not sufficient on their own. The line between “offensive but not actionable” and “actionable” isn’t always obvious. A free consultation can usually sort it out.

Conduct that may cross the line

The following is a non-exhaustive list of conduct that may constitute sexual harassment under the right circumstances:

Unprompted comments or questions that are sexual in nature
Unwanted physical contact of a sexual nature (kisses, hugs, touching of breasts, buttocks, or genitals)
Pressing parts of the body against another sexually
Sexual jokes directed at the employee
Repeated requests for dates, sexual favors, or “surprise” meetings that turn romantic
Suggestive text messages, emails, or after-hours communications
Repeated compliments on the employee’s appearance
Inappropriate or romantic gifts
Displaying sexually explicit images

For gender identity and sexual orientation specifically, harassment can include:

Intentional and repeated misuse of the employee’s pronouns or chosen name
Mocking or refusing to recognize an employee’s transition
Segregating LGBTQ employees from coworkers
Tolerating slurs or hostility from coworkers or customers after notice

Employer liability — when is the company on the hook?

The liability framework depends on who did the harassing.

Supervisors. When a supervisor sexually harasses an employee and it results in a “tangible employment action” (firing, demotion, reassignment, pay cut), the employer is strictly liable. If no tangible action resulted, the employer may still be liable unless it can prove (a) it exercised reasonable care to prevent and promptly correct harassment, and (b) the employee unreasonably failed to take advantage of preventive or corrective opportunities.

Coworkers and third parties (customers, vendors, contractors). The employer is liable only if it knew or should have known about the harassment and failed to take immediate and appropriate corrective action. The two-prong test:

Did the employer know, or should it have known, about the unwanted harassment?
If so, did the employer take immediate and appropriate corrective action?

This is why documenting — in writing, to HR and/or a supervisor — is critical. Once you report, the employer’s obligation to act is triggered. Failure to act is liability.

Retaliation — when the complaint itself becomes the claim

Title VII and ELCRA both explicitly prohibit retaliation against employees who complain about discrimination or harassment. Retaliation is often a stronger and cleaner claim than the underlying discrimination, because the causation is simpler: did your employer fire, demote, or punish you because you complained?

Common retaliation fact patterns I see:

Terminated within weeks of filing an HR complaint about harassment
“Performance” issues that only surface after the complaint
Sudden exclusion from meetings, projects, or communications after reporting
Demotion or involuntary transfer framed as a “lateral move” or “temporary”
Hours cut, schedule manipulated, or unfavorable assignments piled on
A hostile response from the employer that makes continuing work impossible (constructive discharge)

If your timeline shows a complaint followed closely by an adverse action — days, weeks, or a few months — that’s often the strongest claim in the case.

Constructive discharge: when quitting is legally equivalent to being fired

You can still sue your employer for sexual harassment or gender discrimination even if you quit. The law recognizes constructive discharge — a resignation that a reasonable person would have felt compelled to make under the circumstances.

Constructive discharge cases are harder than straight termination cases because you have to prove the conditions were so intolerable that no reasonable person could continue, but they happen — particularly in severe harassment cases where the employer fails to stop the conduct.

Representative case patterns

Past results do not guarantee future outcomes. Each case is different. The following are representative fact patterns from cases I’ve handled.

Mid-six-figure settlement in a single-plaintiff sexual harassment and retaliation case where the female employee was shown graphic pictures by a male coworker and was forced to resign after she complained to management.
Successful resolution of retaliation claims on behalf of an employee in the trucking industry, resulting in a settlement in the several-hundred-thousand-dollar range for damages and fees.

See more representative case frameworks on the Results page →.

Frequently asked questions

What should I do if I’m being sexually harassed at work?

Document everything — what happened, when, who was present, and any written communications (save emails and texts). Report the harassment in writing to your supervisor and/or HR. A written complaint creates the record we’ll use later and triggers the employer’s legal obligation to act. If the harassment doesn’t stop or you’re retaliated against for reporting it, call. Many claims are stronger because of what the employee documented at the time.

Can I sue even if the harasser was a customer or contractor, not an employee?

Yes. Employer liability for sexual harassment is not limited to harassment by employees. If your employer knew or should have known a customer, vendor, or contractor was harassing you and failed to act, the employer can be liable.

Does Title VII protect heterosexual or cisgender employees too?

Yes. Title VII prohibits discrimination and harassment based on sex, sexual orientation, and gender identity — regardless of what the orientation or identity is. A heterosexual employee discriminated against because their coworkers or supervisor assumed they were gay has the same protection.

Can my employer require me to dress or use a restroom based on my sex assigned at birth if I’m transgender?

Generally, no. The EEOC has taken the position, and federal courts have increasingly agreed, that requiring a transgender employee to dress in accordance with their sex assigned at birth — or preventing them from using the bathroom, locker room, or changing area consistent with their gender identity — is unlawful sex discrimination under Title VII. (Macy v. Dep’t of Justice, EEOC Appeal No. 0120120821 (Apr. 20, 2012); Lusardi v. Dep’t of the Army, EEOC Appeal No. 0120133395 (Apr. 1, 2015).)

What about religious organizations?

Title VII allows religious organizations to prefer members of their own religion in hiring. That specific exception is narrow — it does not authorize sex, race, or other discrimination unrelated to religion. Courts evaluate religious-employer defenses case by case.

How long do I have to file a sexual harassment or gender discrimination claim?

Under Title VII, you generally must file a charge with the EEOC within 300 days in Michigan. After the EEOC issues a Notice of Right to Sue, you have 90 days to sue in federal court. ELCRA has a three-year statute of limitations. Deadlines are strict — don’t rely on this page for your specific situation. Call and we’ll work through it.

What damages are available?

Typically: back pay, front pay, compensatory damages for pain and suffering (emotional distress, humiliation, injury to reputation), punitive damages for willful or reckless conduct (capped under federal law but uncapped under some state laws), and attorney’s fees and costs if you prevail. See the Wrongful Termination hub → for a detailed walkthrough.

Ready to talk?

If you experienced gender discrimination, sexual harassment, or discrimination based on your sexual orientation or gender identity — and especially if you reported it and were retaliated against — call 814-821-1140 or request a free case evaluation →. Free consultation, 15–30 minutes, honest answer at the end.

Astbury Law, PLLC 607 Shelby Street, 7th Floor, #1115 Detroit, MI 48226 814-821-1140 · warren@astburylaw.com

Past results do not guarantee future outcomes. The information on this page is for general educational purposes and is not legal advice. No attorney-client relationship is created by reading this page or submitting a form.