Sometimes it is difficult to tell if you are being sexually harassed. Sometimes sexual harassment is done discreetly. The Equal Employment Opportunity Commission (EEOC) refers to sexual harassment as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.”
Sexual harassment can also extend to general remarks about an individual’s sex. If you suspect you have been sexually harassed, you should file a complaint and put a stop to the inappropriate behavior.
When Does Sexual Harassment Become Illegal?
One-time incidents are not considered sexual harassment. You must prove there has been a pattern of the behavior. The occurrences must be common enough to cause a hostile work environment. Petty slights, isolated incidents, and annoyances will not be considered illegal sexual harassment.
For it to be considered illegal harassment, the conduct must create an intimidating, hostile, or offensive work environment. Even if you are not the person who is the subject of the targeted harassment, you could be a victim of workplace sexual harassment if the situation has put you in an uncomfortable situation.
Offensive conduct could include slurs, epithets, name calling, offensive jokes, threats, intimidation, physical assault, mockery, ridicule, put-downs, insults, offensive photos or objects, and interference with work performance. Harassment can take place in various circumstances. Some ways in which harassment could take place include the victim’s supervisor, the supervisor from another area of the place of employment, an agent of the employer, a coworker, or a non-employee could be the harasser.
The victim does not have to be the person who is the subject of harassment, but if can be anyone who is affected by the harassment and the offensive behavior. Harassment that is illegal could occur without any economic injury or termination of employment of the victim. The best way to stop harassment in the place of employment is preventing it. There should be detailed policies in place to prevent sexual harassment and how to handle any complaints of harassment.
The employer is liable for any harassment from a supervisor that causes negative employment auction like failure to hire or promote, termination of employment, and lost wages or benefits. If the harassment from the supervisor causes a hostile work environment, the employer can only avoid being liable if they can prove that they tried to prevent and correct the harassment and the employee failed to take advantage of the corrective and preventive opportunities that the employer offered.
What To Do Next
If you have been a victim of sexual harassment in the workplace, you should gather supporting documentation and evidence. Any video evidence or recordings, copies of written statements, photos of any offensive photos or images, statements from any eyewitnesses, physical and electronic communications, and anything else that may help support your claim should be gathered. Your employment contract and employee handbook should also be used as evidence because they should include company policies about things such as sexual harassment.
You should start the claims process by speaking with your employer. Talk with the human resources (HR) department or a supervisor. You should be sure to document the response you receive from your employer and if any changes are made. If you have been the victim of sexual harassment in the workplace, you should speak with an employment law attorney who handles sexual harassment claims in your area. If your employer does not resolve the issue, your next step will be to file a claim with the Equal Employment Opportunity Commission (EEOC).
The EEOC will investigate your claim and determine if there is a pattern of such illegal activity by your employer. Your employer could face criminal penalties and will also be responsible for paying you for any damages that you suffered because of the harassment. The EEOC can file a lawsuit against your employer on your behalf. This lawsuit will seek to correct your employer’s policies, to stop harassment in the workplace, and to recoup compensation for your damages.
When you speak with an employment law attorney, be sure to go over the payment options. Some attorneys charge an hourly rate and ask for a retainer in advance, but some lawyers will take sexual harassment cases on a contingency basis. Time for pursuing a workplace sexual harassment claim is limited, so get your free case review today to determine the best way to proceed with your workplace sexual harassment claim. Complete the Free Case Review Form on this page to share details.
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