The ongoing recession has spurred an increase in the number of sexual harassment suits filed by men.  Approximately 16.4% of all sexual harassment claims - or 2,094 claims - were filed by men in fiscal 2009, up from 15.4%, or 1,869 claims, in fiscal 2006, according to the United States Equal Employment Opportunity Commission (EEOC). 

The increase in male sexual harassment claims coincides with a recession that has impacted men harder than women. From September 2008 to January 2010, 4.4 million men lost their jobs compared with 2.3 million women, according to Bureau of Labor Statistics figures. The share of claims filed by men rose more in some states with higher than average unemployment rates.  In Michigan, where unemployment stood at 14.6% in January 2009, the percentage of claims by men increased to 26.6% in 2009 from 16.6% in 2007.  California saw a rise to 23.6% from 18.7% over the same period.

While male victims sometimes experience behavior like groping and unwanted sexual advances, increasingly "locker room" type behavior like vulgar talk and horseplay with sexual connotations have become the subject of claims.  Of particular note is that many of the claims involve male-on-male sexual harassment.  The EEOC has observed an increasing number of men alleging sexual harassment from male co-workers—and not as many cases of men accusing female bosses or co-workers of sexual harassment. 

The lawsuits often come with hefty price tags for companies. In November, the Cheesecake Factory restaurant chain paid 6 male employees $345,000 to settle a suit, in which they alleged that the restaurant allowed abuse such as groping and sexual simulation by a group of male coworkers at its Chandler, Arizona location.  McDonald’s also recently settled a male-on-male sexual harassment suit, and several male-on-male sexual harassment suits against the business services company Cintas Corp. are currently pending in the District Court for the Eastern District of Pennsylvania.    

Companies are encouraged to make their sexual harassment training more male-sensitive to safeguard themselves from this kind of potential litigation by including scenarios like public humiliation, bullying and inappropriate banter.

This newsletter is a publication of Nochumson P.C. and is intended for general information only. It should not be construed as legal advice with respect to any particular situation, and readers should not act upon information contained in this newsletter without first consulting an attorney. Copyright © 2009.