Sexual harassment in the workplace is something that can happen in any workplace at any time. Every employee is susceptible to unwanted harassment; sexual harassment is not limited to women, rather it can happen to men and women alike.
Sexual harassment includes any unwanted sexual advances, jokes, propositions and inappropriate touching, among many other things. It can happen between workers, between employees and supervisors and even with clients. No matter the source or the reason behind it, sexual harassment is never acceptable in the workplace and there are federal, state and local laws that protect employees against it.
Given the growth of the Me Too movement in recent years, the Equal Employment Opportunity Commission’s Office of Enterprise Data and Analytics has seen a rise in cases being reported since 2017, which marks the first time there has been such a large increase in years. What this means is that more and more people are becoming aware of the fact that sexual harassment does not have to be tolerated and that there are ways to make the behavior stop.
If you have been the victim of sexual harassment, you have several options available to you. The important thing is to know what sexual harassment looks like and the steps you need to take in order to take action within the timeline when charges must be filed.
Quid Pro Quo
As mentioned, there are several forms of sexual harassment and one example is “quid pro quo” harassment. It can happen between coworkers, with a supervisor or even a client and it happens when there is a business deal, promotion, extra benefit or something that is offered on the basis of receiving a sexual favor in return.
It can also be used as a threat, where a job is put at risk, hours are threatened to be cut or some other aspect of an employee’s job is said to be at risk if sexual favors are not provided. Quid pro quo harassment is something that happens daily in workplaces across the country, and as an employee you have every right to demand that it stop.
What Is Considered Sexual Harassment
Quid pro quo is one example of sexual harassment. It can take many different forms and happen in a variety of situations. It doesn’t always happen behind closed doors, as it could be a sexually-charged joke made in front of a group of coworkers.
Some common forms of sexual harassment include unwelcomed physical and non-physical sexual advances, requests for sexual favors, threats (both direct and indirect) for sexual favors, bribes for sexual activity, displays of explicit material and sexual assault.
What many employees don’t realize is that sexual harassment doesn’t have to take place between coworkers, rather charges can be filed by anyone who was indirectly impacted by it. If a coworker looks at pornographic magazines during lunch breaks in the company lunchroom, this could constitute harassment. Sexual harassment could be a casual touch as a supervisor is passing by, or it can be more forceful and done behind closed doors.
The key with sexual harassment is to make sure you document everything. Make notes about when the event took place, who was involved, where it happened, anyone else who saw it and how it made you feel. The more evidence you gather, the better off you will be.
How an Employment Lawyer Can Help
Dealing with sexual harassment in the workplace is incredibly stressful and it helps to have someone working with you to help guide you through the necessary steps to stop the behavior. There are certain steps that must be completed before you can file a private lawsuit and your attorney can help guide you through the process.
It is also helpful to work with an expert in sexual harassment matters because you only have between 180 and 300 days to file a complaint with the EEOC, which must be done if you plan to file a lawsuit. Whether you choose to file an internal complaint with your company’s HR department is up to you, but if you file a complaint and nothing happens with it, that only serves to make your case stronger.
The next step is to file an inquiry with the EEOC through their public portal. A representative will contact you and discuss your case, at which point you will be able to file a Charge of Discrimination. Once that is done, you will be given permission to file a lawsuit against your company.
An experienced employment law attorney will be able to help you gather evidence, work with the EEOC and file your lawsuit. You may be entitled to lost wages, legal fees and out of pocket costs and even compensation for emotional distress as a result of the harassment. Having an attorney will also be helpful in the event your employer tries to retaliate against you for filing the claim.
Though there is no guarantee that working with a lawyer will lead to a win for your lawsuit, it does greatly increase your chances of a favorable result. During your consultation, the lawyer will discuss payment options and many employment attorneys will work on a contingency basis so you will not pay unless you win your case. Complete the Free Case Evaluation to have the details of your workplace sexual harassment claim looked over by an attorney today.
