From subtle remarks to physical assault, sexual harassment in workplaces comes in many forms. Each type of harassment can be just as traumatic as the next. Victims often suffer emotional distress, poor work performance, and long-lasting psychological, financial, and social repercussions.
Employees should never have to suffer because of someone else’s crass behavior and inappropriate conduct in the workplace. You should never lose your job or not get a job because you denied a supervisor’s request for sexual favors. When you’ve endured sexual harassment at your job site, you need a hard-hitting, yet compassionate sexual harassment attorney to help you obtain justice – and get you the compensation you need and deserve.
At Taylor Solano & Associates, our team fights for hard working employees just like you. Our sexual harassment lawyers handle these delicate situations with respect, ensuring your dignity remains intact during the entire legal process. Our sexual harassment lawyers fights for every penny you deserve, while guiding you every step of the way.
What is Sexual Harassment or Gender-Based Discrimination?
The definition of workplace sexual harassment according to the law may seem simple:
Unwelcome sexual advances; and/or
Unwanted requests for sex; and/or
Verbal, pictorial, or physical harassment of a sexual nature; and/or
Offensive comments about a person’s sex/gender
Unfortunately, sexual harassment cases are not always that straightforward. There are many nuances and aspects of the law in which many workers do not know about. Seeking a qualified sexual harassment attorney’s guidance is essential to review the details of your specific sexual harassment claim and to be sure you have a case.
Here’s a crash course in what you need to know about workplace sexual harassment:
Two types of sexual harassment are recognized under the law Various laws classify sexual harassment in two forms:
Quid pro quo. Meaning, “something for something,” this occurs when a condition of your employment is dependent on the acceptance or rejection of sexual advances. For example, your boss demanded you have sex with him/her or you will be fired. Or your office supervisor offered you a raise in exchanged for sexual favors
Hostile work environment. This type of sex harassment is more common. A hostile work environment occurs when your work colleagues harass you to the point where it interferes with your work performance, creating an intimidating or threatening workplace. You might refer to hostile work environment as “indirect sexual harassment.”
Anyone can be sexually harassed
Whether you are a man, woman, or transgender anti-sexual harassment laws protect your rights as an employee. Under the law, a man can harass a man, a woman can harass a man, a woman could sexually harass a woman, or a man can harass a woman. Sexually harassing a person because of his or her gender identity or status is also illegal.
Furthermore, workplace sexual harassment doesn’t just occur between a supervisor and a subordinate. You might have cause for a lawsuit or EEOC claim if you’ve endured inappropriate behavior from a:
Customer or client
What are Some Examples of Workplace Sexual Harassment?
If you’re still confused about what constitutes sexual harassment under the law, you’re not alone. The laws protecting your rights as an employee are broad, complex, and expansive. To help demonstrate what exactly sexual harassment looks like in workplaces, here are some examples:
Giving inappropriate gifts of a sexual nature
Making demeaning comments about women
Asking a person about his or her sexual history and preferences
Repeatedly requesting dates from a person, despite his or her rejection
Telling you that to get this job, you must sleep with the hiring manager
Inviting you to a hotel room after a work function
Showing you pornographic images in the workplace
Sending you inappropriate text messages and emails
Making suggestive comments about your figure
Telling explicit jokes of a sexual nature
Refusing to hire women or men for a specific job
The list goes on. To clarify, sexual harassment DOES NOT include consensual relationships or asking someone on a date or to meet for drinks. However, if a consensual office romance goes sour, and one party begins harassing the other, or giving unfavorable reviews, or even firing the other person, that could constitute sexual harassment under the law.
Sexual harassment isn’t just limited to sexual comments and behaviors. It includes gender discrimination and workplace sexism. You may have been harassed and just do not know it. If behaviors make you uncomfortable, leave you feeling embarrassed or ashamed, intimidate you, threaten you, or have any other negative consequences, consult with a sexual harassment lawyer to learn more about your employee rights. You don’t have to put up with it anymore. You don’t have to endure sexual harassment just for the sake of keeping your job or “fitting in.”
Laws Protecting you From New York City Sexual Harassment
Title VII of the 1964 Civil Rights Act
A federal law, Title VII of the 1964 Civil Rights Act protects workers across the nation. Our sexual harassment attorneys bring cases to the Equal Employment Opportunity Commission (EEOC) and then federal court, if necessary, when an employer has violated this federal law.
Title VII of the Civil Rights Act:
Applies to employers with 15 or more employees
Requires you to file a charge with the EEOC first. If the case cannot be resolved by the EEOC, which is an administrative body, you can then bring your claim to federal court.
Does not cover offhand comments and “simple teasing.” The behavior must be severe in nature.
Allows you to recover compensation for lost wages, lost out-of-pocket expenses, attorneys’ fees, legal costs, and compensation for emotional distress. However, there are established limits on how much money you can collect based on the size of the employer.
Sexual Harassment and Retaliation:
If you still work for the offending employer, you might be concerned about losing your job if you report sexual harassment or harassment of any kind. However, legislation make it illegal to take negative employment actions against an employee for:
Reporting sexual harassment to Human Resources
Reporting harassment to your supervisor
Bringing a lawsuit against the company
Participating in a legal case against the company
You cannot be fired, demoted, refused a promotion, harassed, or otherwise treated poorly.
Sexual Harassment Lawsuit : Next Steps
If you suspect you are the victim of sexual harassment in your workplace, your next step is to seek experienced counsel from an attorney at Taylor Solano & Associates. When you meet your attoreny for a free initial consultation, bring as much evidence as possible. For example:
Evidence of your employment
Emails between you and your harasser
Text messages and social media contact between you and your harasser
Human Resources records, if you are able to access them
Evidence of your pay and/or lost wages
Contact information for potential witnesses
Evidence of any psychological counseling you may have received as the result of your harassment
Any other proof you suffered damages from sexual harassment
Be prepared to be candid and honest about what happened. The details may be traumatic and humiliating. But, at the Arcè Law Group, we’ve handle countless cases of New York City sexual harassment. We understand this is difficult to talk about. However, you need to give our sexual harassment lawyers as much detail as possible so we can effectively pursue your case.
After your first meeting with your lawyer, he or she advises you on how to proceed with your harassment claim.
Can I Get Money for my Sexual Harassment Case?
No one can tell you if your sexual harassment legal case will be successful or give you an exact dollar amount you might win. However, we, in most cases, work on a 100% contingency fee basis – this means we do not get paid unless we successfully recover money on your behalf. In other words, we don’t take on cases unless we think we can win.
If successful, and depending on where you file a claim and which laws we employ, you may be entitled to compensation for:
Lost past and present wages
Lost future wages, such as money you might have earned if not for the harassment
Expenses regarding a job search and other out-of-pocket-costs
Costs associated with seeking psychological treatment
Legal costs, such as court fees
Punitive damages, which is additional compensation intended to punish and deter your harasser
You should know that these types of cases rarely ever see a courtroom. We aim to settle claims through mediation, arbitration, or negotiations. Alternative dispute resolution takes far less time to resolve than litigation. So, if you are concerned about a lengthy legal battle, please keep this in mind.
To learn more, schedule a no-cost, no obligation consultation with a skilled sexual harassment attorney at the Taylor Solano & Associates. We’ll give you all the details you need to know regarding compensation for your EEOC claim or California sexual harassment case.
Contact us Today to Arrange a Free Initial Consultation