Sexual Harassment in the Workplace: Your Rights

Understanding Sexual Harassment in the Workplace: Your Rights and Legal Recourse

Sexual harassment in the workplace is illegal, and every employee is entitled to a work environment free from abuse, intimidation, or misconduct. If you are experiencing sexual harassment, it’s important to understand your rights and take action. At Patriots Law Group of Lyons & Hughes, P.C., we are dedicated to providing legal guidance and representation for individuals who have been victims of workplace harassment. Our team ensures your case is handled with expertise and sensitivity, whether you are a federal employee or in the private sector.

What Constitutes Sexual Harassment?

Sexual harassment is a form of unlawful discrimination under Title VII of the Civil Rights Act of 1964. It involves unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that negatively affects a person’s employment or creates an offensive or hostile work environment. There are two primary types of sexual harassment recognized by the law:

1. Quid Pro Quo Harassment

Quid pro quo harassment occurs when an individual in a position of authority, such as a supervisor, conditions employment benefits—like promotions, raises, or job security—on the submission to or rejection of sexual advances. For example, a supervisor might promise a raise in exchange for sexual favors or threaten termination if advances are refused. Quid pro quo harassment is prohibited under 29 C.F.R. § 1604.11(a) as part of the EEOC's Guidelines on Discrimination Because of Sex.

2. Hostile Work Environment

A hostile work environment is created when unwelcome sexual behavior or comments become pervasive or severe enough to alter the conditions of employment, creating an intimidating, hostile, or abusive atmosphere. This type of harassment can include inappropriate jokes, comments, touching, or displaying explicit content. The behavior must be both objectively and subjectively offensive, meaning that a reasonable person would find the environment hostile, and the victim perceives it as such.

The U.S. Supreme Court's decision in Harris v. Forklift Systems, Inc., 510 U.S. 17 (1993), established that the conduct must be severe or pervasive enough to create a hostile work environment from both an objective (reasonable person) and subjective (victim’s) perspective.

Elements of Proof

For a successful sexual harassment claim, the employee must demonstrate:

• The conduct was unwelcome.
• The conduct was based on sex.
• In quid pro quo cases, that a tangible employment action (e.g., hiring, firing, or promotion) resulted. For hostile work environment claims, the conduct must have been pervasive or severe enough to interfere with the employee’s work.

Federal guidelines under 29 C.F.R. § 1604.11 emphasize that isolated incidents, unless extremely severe, do not generally meet the threshold for harassment. However, repeated incidents or a sustained pattern of behavior often will.

How to Document and Stop Sexual Harassment

If you are being subjected to sexual harassment, taking the right steps is essential for protecting yourself and ensuring your case is as strong as possible. Here’s how to proceed:

• Document Every Incident: Record details of each instance of harassment, including the date, time, location, individuals involved, and any witnesses. Keep copies of any related communications, such as emails or texts, that could support your case.
• Report to HR or a Supervisor: Most companies have procedures to handle harassment complaints. File a formal complaint with your supervisor or HR department. Be sure to keep a record of this communication, as well as any responses you receive.
• Follow Company Policy: Employers are required by law to investigate harassment claims. If they fail to take appropriate action, or if they retaliate against you for reporting, you have additional legal protections to safeguard your rights.

Your Rights if Sexual Harassment Continues

If your employer does not stop the harassment or retaliates against you, you have several legal options under Title VII of the Civil Rights Act of 1964:

1. File a Complaint with the EEOC: The Equal Employment Opportunity Commission (EEOC) is the federal agency responsible for handling complaints related to workplace harassment and discrimination. Federal employees must file a complaint with their agency’s Equal Employment Opportunity (EEO) office within 45 days of the harassment or retaliation incident.
2. Request an EEOC Hearing: If the EEOC investigates your claim and you are not satisfied with the resolution, you can request a hearing before an EEOC administrative judge. During this hearing, you will have the opportunity to present evidence, call witnesses, and argue your case.
3. File a Lawsuit: If the EEOC does not resolve the issue or if you disagree with their findings, you can file a lawsuit in federal court. Legal action can result in various forms of compensation, including back pay, damages for emotional distress, and punitive damages to hold the employer accountable.

How Patriots Law Group of Lyons & Hughes, P.C. Can Help

At Patriots Law Group of Lyons & Hughes, P.C., we understand the toll that sexual harassment can take on both your personal and professional life. Our attorneys are committed to helping you navigate the legal process, protecting your rights, and ensuring that the harassment stops. Here’s how we can assist you:

• Evaluate Your Case: We will thoroughly assess the details of your case to determine whether you have a valid claim for sexual harassment and what evidence is needed to support it.
• Filing Complaints: We will guide you through filing complaints with your employer or the appropriate government agency and represent you in any proceedings, including EEOC hearings and settlement negotiations.
• Pursue Legal Action: If necessary, we will help you file a lawsuit in court to seek compensation for lost wages, emotional distress, and other damages. We will fight to ensure that your rights are protected and that you receive the justice you deserve.

Conclusion: Protecting Your Rights and Stopping Harassment

If you are experiencing sexual harassment in the workplace, do not hesitate to take action. At Patriots Law Group of Lyons & Hughes, P.C., our experienced attorneys are here to provide compassionate, knowledgeable representation. We are committed to fighting for your rights and ensuring that you work in an environment free from harassment.

Contact us today for a consultation to discuss your case and learn more about how we can help. Your safety and rights are our top priority.

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Reading this blog does not create an attorney-client relationship. For specific legal advice, please contact an attorney directly.