Sexual harassment is a serious problem in the workplace. There are state and federal laws to protect workers from sexual discrimination and harassment in the workplace. While there are many ways that sexual harassment can occur, you will need to know what is and is not considered sexual harassment so you can file a claim and how the claims process works. Usually, it must be a recurring event for it to be considered sexual harassment. Here are the basic details about pursuing a sexual harassment claim.
What is NOT Workplace Sexual Harassment
There are some things that may happen in the workplace that you may believe are inappropriate, but they don’t warrant a sexual harassment claim. As an example, one inappropriate remark or one joke of a sexual nature is not considered illegal and would not classify as workplace sexual harassment. The key to sexual harassment and a legitimate claim is if there is an ongoing problem. The key to what is considered sexual harassment is when an inappropriate comment is followed by a sexual reference because of the gender of the employee then a hostile work environment is created.
Some comments that are not considered sexual harassment include “that is a nice outfit” or “you should dress more professionally.” However, comments that could be potential sexual harassment include “you should show more cleavage and you would get a raise faster” or “those pants are tight enough to show off your rear-end.”
If you have been subjected to such comments, be sure to document it and make sure you maintain any supporting evidence. To have a successful sexual harassment claim, you will need to gather supporting evidence and documentation. An employment law attorney can help you get your claim in order and gather the supporting evidence and documentation to prove your case.
How To Tell If Something Is Sexual Harassment
There are ways to tell if you are a victim of sexual harassment. As an example, if your manager or a coworker is constantly making sexual advances toward you. If you are experiencing sexual harassment quid pro quo, such as “if you will go out with me you will go far in this company” or “if you dress to show off your figure then you will be more likely to get a promotion.”
If someone is constantly making sexual references or telling inappropriate jokes and you ask them to stop, and then if you file a complaint with your company’s human resources and they don’t address the matter so it persists, then you have grounds to pursue a sexual harassment claim against your employer.
Sexual harassment can be inappropriate images, sexual texts or messages, sexual jokes, unwanted sexual advances, inappropriate remarks regarding gender or sexual orientation, and much more. Sexual harassment can be from the opposite gender or the same gender. You should check to see if your employer has a track record. Odds are that if you have been sexually harassed, so have others.
Check to see if there are any witnesses to the incident and ask them to provide statements regarding what they saw. Also, if the incident was caught on video or on an audio recording, it can be used to support your claim. The more evidence that you have, the more likely you are to prevail and to show what your employer has done. You will also need to prove the damages that you suffered because of the harassment and discrimination.
How An Employment Law Attorney Can Help
Sexual harassment in the workplace can be challenging to prove. You should enlist the help of an experienced employment law attorney who handles sexual harassment cases in your area. When you speak with an employment law attorney, they will go over the payment process. Some employment law attorneys work on a contingency basis while others require a retainer to be paid upfront. Be sure you understand how your attorney works when you get your claim underway.
You only have 180 days from the date of the harassment to pursue a sexual harassment claim against your employer. If you wait too long, you will not be able to recoup compensation for the damages that you sustained because of the harassment. Complete the Free Case Evaluation Form on this page to share the details with an attorney who handles employment law matters in your area. Time is of the essence when it comes to filing your sexual harassment claim against your employer.
