The Oklahoma Bar Journal August 2025

L abor & E mployment

When Harassment Crosses a Line: Exploring the Trafficking Victims Protection Act as a Remedy in the Workplace By Katherine Mazaheri and Troy Norred P ICTURE A YOUNG ASSOCIATE AT A PRESTIGIOUS FIRM, eager to climb the profes sional ladder, yet suddenly cornered by a chilling ultimatum: comply with the supervi sor’s escalating sexual demands or risk derailing a budding career. After enduring repeated, unwelcome advances and veiled threats about job security, the pressure escalates – the supervisor demands explicit sexual favors in exchange for the employee keeping their role. Trapped between ambition and abuse, the employee faces a dilemma no employee should ever encounter. While Title VII of the Civil Rights Act of 1964 addresses sexual harassment, extreme cases like this often expose its limitations. For Oklahoma attorneys navigating such harrowing scenarios, it is crucial to recognize that a less conventional but potent tool, the federal Trafficking Victims Protection Act (TVPA), may offer a powerful civil remedy where traditional employment protections fall short.

However, Title VII and the OADA have well-known limita tions. For one, Title VII applies only to employers with 15 or more employees, leaving some workers unprotected. 5 Additionally, Title VII does not impose personal liability on individual harassers – only the employer entity can typically be sued and, then, only if the harassment occurred during the scope of employment or the employer was negligent in controlling the workplace. 6

This means a predator supervi sor might evade personal civil accountability under Title VII. Even when Title VII applies, its remedies are constrained. Successful plaintiffs are limited to capped damages (up to $300,000 in combined punitive and compensa tory damages for large employers) and equitable relief. 7 These caps can pale in comparison to the egregiousness of some conduct. Tort law might seem to fill the gap by allowing suits for assault,

THE LIMITS OF TITLE VII IN EXTREME HARASSMENT CASES Title VII of the Civil Rights Act of 1964 remains the primary vehicle for addressing sexual harassment in employment. 1 It prohibits employers from discrim inating “because of ... sex,” which courts have long interpreted to include severe or pervasive sexual harassment. 2, 3 Oklahoma’s parallel law, the Oklahoma Anti Discrimination Act (OADA), like wise, forbids sexual harassment. 4

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

AUGUST 2025 | 11

THE OKLAHOMA BAR JOURNAL