What Employees Can Learn from Recent EEOC Actions About Proving Their Sexual Harassment Case

In the past few weeks, the U.S. Equal Employment Opportunity Commission (EEOC) announced enforcement actions against five different employers — from a Louisville limousine company to a California winery — all involving workplace sexual harassment. Taken together, these cases offer a revealing look at how the EEOC builds harassment cases, and what that means for employees who believe they have been harassed on the job.

Here is what you need to know.

1. Employer Inaction and Knowledge: The Heart of Most Cases

One of the most important lessons from the EEOC’s recent actions is this: an employer’s failure to act on what it knows can be just as legally significant as the harassment itself.

In case after case, the EEOC alleged that the employers were not blindsided by the harassment — they knew about it. JACO Coach Company received complaints about the offending coworker going back to 2023, yet took no meaningful action before a former employee was subjected to unwanted touching in 2024. At Ascend Wellness Holdings, the cannabis company at the center of a newly filed federal lawsuit, numerous female employees complained to human resources about ongoing harassment — and nothing changed.

This pattern matters enormously for employees building a harassment claim. Under Title VII of the Civil Rights Act of 1964, an employer can be held liable for a coworker’s harassment if it knew — or should have known — about the conduct and failed to take prompt corrective action. That means the paper trail you create when you report harassment is not just a formality. It is potential evidence that the employer had knowledge and chose to look the other way.

What you can do: Report harassment in writing whenever possible, whether through email, a written complaint, or your company’s formal reporting system. If your complaints are verbal, follow them up with a written confirmation or record the conversation in a personal notebook. Keep copies for yourself. Document dates, what was said, and how the company responded (or failed to respond). Each unanswered complaint can become a building block in demonstrating employer liability.

2. Harassers Exploiting Power Disparities: Why Authority Makes It Worse

Several of the EEOC’s recent cases did not just involve coworker harassment — they allege that managers, supervisors, and company owners were the perpetrators. At Rivers Edge Bar and Grill, one of the restaurant’s owners personally engaged in the harassment. At Ascend Wellness, the facility manager himself was among those harassing female employees. At Justin Vineyards & Winery, male supervisors were among the offenders.

The EEOC has been direct about why this matters. In the Ascend case, the agency stated that management-level harassment makes it “even more difficult for employees to complain and obtain relief.” And that observation cuts both ways: it explains why victims often suffer in silence, and it also reflects why the law treats supervisor harassment more seriously.

Under longstanding legal principles, when a supervisor’s harassment results in a tangible employment action — a demotion, a termination, a forced resignation — the employer is automatically liable, without the employee needing to prove the company knew about it. Even when no formal employment action is taken, a supervisor’s harassment triggers a heightened legal framework.

Beyond the legal mechanics, power imbalances also help explain the context and severity of a hostile work environment claim. Courts and the EEOC look at the totality of the circumstances. A harasser who controls your schedule, your performance reviews, and your continued employment can be more threatening than a peer.

What you can do: If your harasser is in a position of authority over you, document how that power dynamic affected your ability to report or resist the conduct. This context matters when establishing that the harassment was severe or pervasive.

3. Harassment Is a Widespread Problem Across Many Industries

It can be tempting to think of workplace sexual harassment as a problem confined to certain industries or certain types of workplaces. The EEOC’s recent cases make clear that this assumption is wrong.

In the span of just a few weeks, the EEOC took action against and settled cases with a transportation company in Louisville, a comedy club, a cannabis cultivation facility in Illinois, a bar and grill in Florida, and a Michelin-starred winery in California. These employers range from small family-owned businesses to multi-state corporate operations. Their employees include drivers, entertainers, servers, agricultural workers, and hospitality staff. The breadth of these recent cases is a reminder that no workplace is automatically immune — and no employee should assume that harassment simply does not happen in their line of work.

What you can do: Do not let assumptions about your industry discourage you from reporting or pursuing a claim. Title VII covers virtually all private employers with 15 or more employees, and many states have laws that extend protection to workers at smaller companies. The New York State Human Rights Law and New York City Human Rights Law, for example, cast much wider nets and protect employees at small employers.

4. Keep an Eye Out for Retaliation

Perhaps the most practically important warning from the EEOC’s recent cases is this: harassment and retaliation can often go hand in hand.

In each of the EEOC’s recent actions, what began as a harassment claim became a combined harassment-and-retaliation case, making it a more serious legal matter with greater exposure for the employer. In the Rivers Edge case, a female employee who complained about the owner’s harassment was fired the following month. At Justin Vineyards, employees who raised concerns were subjected to retaliation or forced to resign. The Louisville Comedy Club investigation also included a retaliation finding.

Federal law makes it unlawful for an employer to punish an employee for reporting harassment, participating in an investigation, or otherwise exercising rights under Title VII. Retaliation can take obvious forms, like termination, but it can also be more subtle — reduced hours, unfavorable shift changes, exclusion from meetings, sudden negative performance reviews, or a change in how your supervisor treats you after you file a complaint.

What you can do: After you make a complaint, pay close attention to how you are treated. If anything changes for the worse, document it immediately: the date, what happened, who was involved, and whether you believe it is connected to your complaint. A clear timeline showing that adverse treatment began after you reported harassment can be powerful evidence of retaliation. And if you believe you are being retaliated against, do not wait — speak with an employment attorney or your EEOC investigator as soon as possible.

The Bottom Line

The EEOC’s recent enforcement actions are a reminder that workplace sexual harassment remains a serious and widespread problem — and that employees who speak up, document carefully, and understand their rights are in a far better position to protect themselves and hold employers accountable.

If you believe you have experienced sexual harassment or retaliation at work, you do not have to navigate it alone. An experienced employment attorney can help you evaluate your situation, preserve your rights, and determine the best path forward.