Frances Baillon and Phillip Kitzer recently presented at Minnesota Continuing Legal Education’s seminar, Preventing and Addressing Workplace Sexual Harassment. The August 11 program brought together employment law practitioners and other professionals to discuss practical and legal issues surrounding the prevention, investigation, and litigation of workplace sexual harassment claims.

Frances and Phillip presented a session titled The Dynamics of Difference – Addressing Sexual Harassment of Workers with Disabilities. Their presentation examined the unique issues that can arise when sexual harassment intersects with disability, including the ways workplace dependency, isolation, accommodations, and power imbalances can increase vulnerability to harassment.

The presentation also addressed harassment involving employees with physical, mental health, and cognitive disabilities. Frances and Phillip discussed how disability can affect the context in which courts and practitioners evaluate issues such as unwelcome conduct, consent, credibility, and workplace power dynamics. They emphasized that while disability does not change the legal standard governing sexual harassment, it can significantly affect the factual circumstances in which harassment occurs and is experienced, reported, and evaluated.

Frances and Phillip also discussed employers’ obligations when sexually harassing conduct is committed by an individual with a disability, including the importance of prompt and appropriate corrective measures once an employer becomes aware of the conduct. The presentation concluded with practical considerations for employers and practitioners, including accessible reporting procedures, training on appropriate boundaries and consent, and proactive assessment of workplace structures that may create heightened risks.

The presentation provided an opportunity to examine an important and sometimes overlooked intersection of employment law: how disability can shape the circumstances in which workplace harassment occurs and how employers and practitioners respond.