Workplace Sexual Harassment

Fight Sexual Harassment with Sexual Harassment Lawyers

Let’s be clear, workplace sexual harassment is unlawful. So are the retaliatory and punishing consequences that many sexual harassment victims face when they attempt to put an end to it.

Unfortunately, being unlawful isn’t enough to prevent it, but it is the key to ending it.

Sexual harassment is about power. The type of people who turn workplace sexual harassment into a way of life in the office and beyond want to dominate and control. They tend to lack empathy and self-regulation, feel entitled, and perpetuate hostile and sexist views.

Fighting sexual harassment is about flipping the script entirely. It’s about turning an attempt to denigrate you into an opportunity for profound self-empowerment.

At Consumer Justice Law Firm, we don’t just help clients enforce their legal rights to end sexual harassment, we help them reclaim the thing that was the real target all along- their power.

What is Sexual Harassment?

Sexual harassment is a form of workplace discrimination that shows up as harassment targeted to an employee’s sex. It is frequently characterized by engagement that is sexual in nature, but can take other forms as well.

Sexual harassment is unlawful conduct under Title VII of the Civil Rights Act. This Act provides legal protections that can be enforced to end such harassment and potentially compensate the victim for any financial, professional, reputational, or emotional harm that results as a consequence.

The protections of Title VII do not necessarily apply to every workplace environment, but many states also have enhanced protections to step in where Title VII may not reach. Getting a consultation with an employment discrimination lawyer is the best way to know which laws protect you where you work.

It isn’t only bosses and supervisors who can be found liable for sexual harassment. The law recognizes that coworkers, clients, customers, and other non-employees can be sexual harassers as well.

Victims and harassers can be any gender. There is a common misconception that only men are sexual harassers and only women are targets. While this is a common dynamic, it is not the only one. Women can also target men, and either sex can target someone of the same sex.

“The most common way people give up their power is by thinking they don’t have any.” – Alice Walker, Pulitzer prize-winning American novelist

Quid Pro Quo Sexual Harassment

This type of sexual harassment is characterized by requesting or requiring that an employee provide sexual favors or engage in other sexualized conduct in order to attain a benefit or avoid a punishment.

This usually means that decisions that directly or indirectly impact the targeted employee are conditioned on whether or not they engage in the sexual behavior being sought. These decisions typically involve things like:

• hiring
• firing
• job assignments
• time-off
• promotions
• raises
• employment perks
• career advancement opportunities
• and more

Quid pro quo sexual harassment does not need to be repetitive in order to establish that unlawful conduct occurred. A single incident can be all it takes.

(In Latin, “quid pro quo” translates as “what for what” or “this for that.” So, it’s easy to see how this form of harassment got its name.)

Hostile Work Environment Sexual Harassment

This type of sexual harassment is characterized by a persistent, ongoing harassment that occurs repeatedly and creates an environment that is intimidating, offensive, and harmful to the target.

A hostile work environment can include things like:

• direct sexual jokes or comments
• inappropriate remarks about someone’s body, appearance, or clothing
• indirectly suggestive or sexual comments (innuendos)
• sexual gestures
• uncomfortable leering or staring
• sexually explicit materials (images, videos, print materials, adult toys, etc.)
• inappropriate touching, including direct sexual touching like groping or indirect sexual touching like unsolicited or lingering hugs or intentionally brushing against someone in an unwelcome way
• repeatedly asking someone out, despite being turned down or asked to stop

To prove that a hostile work environment exists, you generally need to establish a pattern of behavior. Typically, one off-color comment or remark is not enough to build a case.

However, even one truly outrageous incident may be enough. So if you’ve experienced any of these, it’s worth getting a legal opinion from an employment discrimination lawyer to see if you have a case or what to keep an eye out for going forward.

Retaliation

Retaliation is very often part of a sexual harassment claim. Retaliation is a consequence used to punish or silence someone for speaking out about harassment or discrimination.

When an employee formally files a complaint with their HR department about harassment or discrimination, speaks to a boss or supervisor about an incident or ongoing situation, or indicates that they intend to do either of those things, and then faces a consequence or punishment, this can establish a retaliation claim.

Just as with quid pro quo sexual harassment, retaliation shows up in decisions made that involve the employee’s state or status in the workplace. This can include things like:

• being fired, laid off, or opting not to renew your contract
• being demoted or denied a promotion or raise
• being given undesirable assignments
• being isolated from colleagues, projects, clients, or events
• being verbally harassed
• being given unwarranted poor performance reviews
• and more

Employers Can Be Liable for Permitting Sexual Harassment to Occur

Even if your employer is not the one directly engaging in sexual harassment, your employer is still liable for permitting someone else to engage in it in the workplace.

The standard for holding your employer accountable under the law is typically based on proving that they knew or should have known that the sexual harassment was taking place.

This is generally proven through the same process of gathering and assessing the factual evidence in light of the law. Your employment discrimination attorney will investigate every possible avenue for establishing liability for the harm you endured.

3 Steps to End Sexual Harassment

While it’s not likely to end overnight or without more than just a simple “No,” these three things will set you on a path to ending sexual harassment, fighting for justice, and repairing the damage that’s already been done.

Trust Your Gut and Document Everything: From the first incident or red flag moment when you realize something isn’t right, start keeping detailed notes. Include dates, names, summaries of what was said or done, specific quotes or phrases (if possible), witnesses, whether any threatening, abusive, or sexually explicit language is used, and how you felt in the moment.

Print emails, pay statements, HR policies, communications, meeting notes, or any other relevant documents that can support your position or potentially serve as evidence of wrongdoing.

Discuss the Situation with a Supervisor or HR. Your workplace should have a policy about how to escalate incidents involving sexual harassment internally. It is important to follow these steps to make sure you’re in compliance with the policy.

This step also gives your employer a chance to investigate and put an end to the sexual harassment.

Note that if your employer wants you to sign anything after you’ve stood up for yourself or filed a formal complaint, we strongly recommend talking to a sexual harassment lawyer prior to signing.

Also, if you do not feel safe or have other concerns about this step, talk to a lawyer for advice on how to proceed. This includes situations in which your supervisor or HR is part of the problem.

Talk to a Sexual Harassment Lawyer. If your situation isn’t resolved to your satisfaction, your complaint is ignored, the discrimination is ongoing or stops briefly but later restarts, escalates to a new level, or you face retaliation, you should consult a lawyer.

The next step may involve filing an official complaint with the Equal Employment Opportunity Commission or some other type of legal intervention.

At any step in this process, getting a free consultation from a sexual harassment lawyer is the best bet for a personalized recovery action plan.

How Sexual Harassment Harms You

The point of sexual harassment is to diminish you, so it is not surprising that it can cause harm in several significant ways, including these:

1. Financial Loss or Hardship. It doesn’t matter how hard you work if you’re not getting raises, bonuses, and prime positions due to reasons unrelated to your performance.
2. Mental and Emotional Distress. Your mental well-being can plummet. This can show up as anxiety, depression, sleeplessness, physical ailments, family stress, and more.
3. Hiring Denials or Job Loss. At any phase of your career, unjust hiring and firing decisions can completely derail you.
4. Promotion Denials. Whether you’re in line for a promotion, security clearance, transfer, or much-deserved assignment, being turned down for unjust reasons is not ok.
5. Career Stagnation. When your employer unfairly denies you growth opportunities, being forced into a career dead zone is life altering.
6. Employer Retaliation or Targeting. When you stand up for yourself and insist on equitable treatment, it can be like adding fuel to the fire of mistreatment, making things worse.
7. Workplace Isolation. Whether it’s planned or simply the result of ongoing mistreatment, many people experience isolation from colleagues, clients, and others.

What Does a Top Sexual Harassment Lawyer Do?

A skilled, experienced, and strategic sexual harassment lawyer will serve as a passionate advocate to enforce your right to fairness, equity, and dignity at work, and give you the best shot at getting the outcome you’re looking for.

At Consumer Justice Law Firm, this means:

• We know the law. We know the interplay of federal, state, and local laws that afford you the maximum protections.
• We know the problems. We’ve seen, heard, and handled every type of harassment and discrimination case, which lets us anticipate responses, reactions, and next moves.
• We know the tricks. We know the tactics used to cover up harm, downplay severity, shift blame, and avoid legal obligations.
• We provide legal guidance. We navigate the whole process with you, offering personalized guidance at every step. You’ll never have to guess what to do next or just hope you’re making the right decision.
• We file with the EEOC. If you need to file a formal regulatory complaint with the Equal Employment Opportunity Commission, we guide you through the process, drafting comprehensive legal documents to support your claim.
• We file a lawsuit. We file a lawsuit to hold all bad actors accountable for direct harassment, permissive practices, and more.
• We get you money. If you’ve suffered harm and you’re entitled to compensation, we know how to maximize the money you get.

A sexual harassment lawyer is an employment discrimination lawyer, and the terms are often used interchangeably.

What Can I Get From a Sexual Harassment Lawsuit?

While not every instance of harassment will end in a lawsuit, taking legal action is frequently a powerful tool for setting things right.

The types of compensation and other non-monetary restitution (non-money-based outcomes) you can get are entirely fact and case dependent. It may include things like:

• money for lost wages, including for promotions or raises withheld, lost jobs, etc.
• money for benefits missed out on or withheld
• reinstatement to your position or an equivalent position
• money for emotional distress, pain and suffering, and reputational damage
• money for associated medical or mental health related expenses

How Much Does A Sexual Harassment Lawyer Cost?

If you work with Consumer Justice Law Firm, the answer to this is simple: It costs you nothing out of pocket. From your FREE consultation all the way through to the resolution of your claim, whether it involves EEOC filings, lawsuits, or anything else, you don’t pay us a dime up front or out of pocket.

Check out our practice areas page to see all of the ways that we can help, whether you’re dealing with an employment discrimination issue or a consumer law problem. Our experience is your best protection.

No Justice, No Fee.^TM

Related Questions

Is Sexual Harassment A Crime?

Sexual harassment is a civil offense. This means that victims can hold offenders accountable and seek legal help, including fixes and compensation, through the civil court system. So it is not, in itself, a crime.

Importantly, employment discrimination attorneys do not prosecute crimes. Meaning, your employment discrimination attorney cannot file criminal charges against the offender. However, your attorney can put you in touch with your local police and district attorney’s office and serve as an advocate should you wish to report a crime.

What Crimes May Be Associated With Sexual Harassment?

Certain acts committed in the context of carrying out sexual harassment can be criminal. These crimes may include things like:

• assault
• battery
• sexual assault
• rape
• stalking
• cyberstalking
• false imprisonment

Obviously, the facts, circumstances, and relevant laws will all play an important role in determining whether an act carried out in the course of sexual harassment in the workplace is a crime. If it is, you may choose to pursue civil and criminal cases against the offender.

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