An employer has the responsibility to provide workers with a safe and comfortable work environment. If you are sexually harassed, which could include being touched inappropriately, it could create a hostile work environment. Being touched inappropriately at work can have a negative affect on your work performance plus your overall well-being.
There are strict laws in place to protect workers from sexual harassment. The United States Equal Employment Opportunity Commission (EEOC) defines sexual harassment as “unwelcome advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. “
If you have been the victim of sexual harassment, you will first notify your employer. If the claim is not resolved, then you will need to file a formal complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC will investigate the matter and determine the best way to proceed with your claim against your employer. Your employer can face harsh penalties for violating employment laws.
What To Do If Touched Inappropriately At Work
If you are touched inappropriately at work, you do have rights. There are also resources available. You should immediately tell the person who touched you to stop and to not touch you again. You should then report the incident to your employer as quickly as possible.
Be sure to take note of all the details. You will need to maintain evidence and documentation to support your claim and to show what happened and that you were the victim of sexual harassment. Usually, when something like this happens, there is a pattern and your employer has allowed similar behavior at the workplace before.
If there is a digital or physical copy to support your claim, then be sure to keep it. The incident may have been caught by surveillance video, or a witness may have seen what happened. Any supporting evidence could be helpful to your claim and would help show that you were a victim of sexual harassment in the workplace.
Sexual Harassment Depends on the Severity and Frequency
If it is a one-time incident, then most likely would not be considered sexual harassment. If it is an ongoing problem, you will much more likely have a stronger case and you will have the foundation of a claim against your employer. When you report the incident to your employer, you will need to maintain evidence that you filed the complaint.
The employer response is important. You should pay specific attention to how your employer responds. Make note if the incident occurs again after you have reported it to a manager or to human resources. Keep any correspondence that you receive from your employer. If they don’t take you complaint seriously, you have grounds for a case against your employer.
You should write down details about the incident and be sure to put specific details about what happened in your notes. You should write down the notes while the incident is fresh in your mind. By gathering all the evidence and documentation that you can to support your claim, you are building a strong foundation for your claim.
How An Employment Law Attorney Could Help
If you have been the victim of sexual harassment, specifically if you were touched inappropriately at work, an employment law attorney could help you with your claim. Sexual harassment cases can be challenging to prove because often, they became he said, she said issues. With the help of a lawyer, you can gather the supporting evidence and documentation to get your claim on track and to prove that you were the victim of such activity.
When you speak with an employment law attorney, discuss their payment plans. Some employment law attorneys take bases on a contingency basis, which means that your lawyer will not be paid on a contingency basis. Other lawyers will require a retainer to be paid, and in that case, you will need to pay upfront to get your claim underway.
There is a statute of limitations, or a limited time, to pursue a claim. Usually, you only have 180 days from the date of the sexual harassment to pursue a claim against your employer. If you wait too long, you will not be able to pursue a claim and recover compensation for your damages. To get your claim underway, complete the Free Case Evaluation Form on this page to share the details of your case with an attorney who handles sexual harassment cases in your area.
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