Q: What is Sexual Harassment?
A: Sexual harassment is behavior that is characterized by unwanted, inappropriate and unwelcome remarks or physical advances in the workplace or other professional situation. You can sue for workplace sexual harassment.
Q: Does Sexual Harassment Have to be From a Boss?
Sexual harassment can occur from a boss or supervisor, coworker, or a customer or client. Basically, anyone can harass you in the workplace.
Q: Is Sexual Harassment Only Men Harassing Women?
A: Anyone can be the victim of sexual harassment – men or women. Men or women can also sexually harass either gender.
Q: What is the Fair Labor Standards Act (FLSA)?
A: The FLSA is a U.S. labor law that creates the right to earn minimum wage, overtime pay, and prohibits oppressive child labor. It was amended in 1963 to prohibit discrimination on the basis of sex with respect to compensation for performance of equal work.
Q: Does Sexual Harassment Only Involve Sex?
A: No sexual harassment doesn’t only involve sex. It can involve inappropriate images, gender biased comments, offensive jokes about a person’s sex or sexual orientation, offensive or unwanted advances or unwelcome or inappropriate promise of rewards as an exchange for sexual favors. It can range from sexual transgressions and comments to sexual assault or abuse.
Q: What Should I Do if I am Sexually Harassed at Work?
A: If you are sexually harassed while in the workplace, you should tell the person to stop. The next step is to notify your manager or the human resources department.
Q: What Kind of Evidence do I Need if I am Sexually Harassed?
A: If you are sexually harassed, you need to maintain documentation and supporting evidence to prove your claim. Keep copies of any memos, emails, texts, or photos. If an inappropriate jacket or photo has been posted, try to get a digital image. Ask any witnesses to provide written statements. If the incident was recorded by video or audio, that can be submitted as evidence.
Q: Can I Recover Compensation for My Damages?
A: If you have been sexually harassed at work, you can file a claim against your employer and recover compensation for the damages that you suffered. You may have lost wages, mental anguish, and pain and suffering.
Q: How Can an Attorney help me With a Sexual Harassment Claim?
A: An attorney can be very beneficial throughout the sexual harassment claims process. An attorney will help you gather the supporting evidence and documentation that you need to prove you were the victim of sexual harassment. A lawyer is familiar with the state and federal laws that apply to your situation and will make sure everything is filed in a timely manner and according to protocol.
Q: When Should I File My Claim?
A: If you have suffered sexual harassment in the workplace, you have limited time to pursue a claim against your employer. Usually, you only have 180 days from the date of the incident to pursue a claim, and if you wait longer you will not be able to recoup compensation for your damages.
Q: What is Quid Pro Quo Sexual Harassment?
A: Quid pro quo sexual harassment is more common than you may think. It is when you offered something in return for inappropriate actions or favors. As an example, you may be told that if you will date the boss you will get promoted, or if you do sexual favors for the manager you will get a pay raise.
Q: What If Women Aren’t Promoted At My Place of Employment?
A: If your employer refuses to promote female employees, then it could be considered sexual harassment. If you are qualified for the job and have the same experience and training, then you should be given the same opportunity as male counterparts. The same goes for men in a field dominated by women.
Q: What If My manager is Telling Gender-Based Jokes That are Inappropriate?
A: If it is an ongoing problem, it may be sexual harassment. You should ask the individual telling the jokes to stop, and you should then notify your employer of the problem. Your employer should take your complaint seriously and then address the matter to prevent the problem from happening again.
Q: What Should I Do If I Have Suffered Sexual Harassment at Work?
A: If you are the victim of sexual harassment in the workplace, you should enlist the help of an employment law attorney who can help you file a claim with the EEOC and file a claim against your employer.
