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What Is Considered Sexual Harassment?

Under Title VII of the Civil Rights Act of 1964, workers are protected against sexual harassment in the workplace. Sexual harassment can be conduct or comments that substantially interferes with an individual’s work performance or creates an intimidating, hostile, or offensive working environment. Sexual harassment is prohibited under federal law but many states have their own employee rights laws that give further protections for workers. Sexual harassment can occur between men or women or people of any gender or sexual orientation. A sexual harassment lawsuit can allow a worker to recover lost income, loss of benefits, and in some cases, punitive damages.

What Are Forms of Sexual Harassment?

Sexual harassment includes hostile work environment claims and quid pro quo harassment. Quit pro quo is Latin for “this for that” and may involve a supervisor offering benefits in exchange for sexual favors. For example, if the boss says an employee will get a promotion if they have sex with the boss, that is quid pro quo harassment. Hostile work environment sexual harassment claims involve unwanted conduct or harassment that is severe or ongoing in a way that unreasonably interferes with work performance. Conduct that could create a hostile work environment includes unwanted sexual advances, repeated offensive comments, unwanted touching, or even sexual jokes or comics.

How Can I Stop Sexual Harassment?

If you are dealing with a coworker that is harassing you, tell the employee to stop the harassment immediately. You should report sexual harassment to your supervisor or human resources department. This puts the company on notice of the harassment and can protect you if you are later retaliated against or if the company does not put an end to the harassment. If the harassment continues and the company takes no meaningful action, you can contact a sexual harassment attorney for legal advice and report the sexual harassment claim to the EEOC or state agency.

I Got Fired After Reporting Harassment

Your employer cannot retaliate against you if you report harassment. It may be unlawful retaliation for an employer to fire, demote, or take any adverse employment action against a worker for engaging in protected activities, like reporting harassment or complaining about another coworker that is being harassed. If you were fired for reporting a hostile work environment, a sexual harassment lawyer can help you recover damages.

Is Sexual Harassment a Crime?

Some types of sexual harassment could also be a crime. Sexual assault, stalking, indecent exposure, lewd conduct, and other criminal charges can overlap with sexual harassment. For example, if a sexual harasser was making unwanted sexual advances at work, that could be considered harassment. If the harasser then reached out and groped the employee, that could be considered assault. If you think you may have been the victim of criminal assault, you can report the offense to law enforcement.

Can I File a Lawsuit for Sexual Harassment?

You may be able to file a lawsuit in civil court if you are a victim of sexual harassment. Sexual harassment lawsuits generally require the employer to have exhausted other pathways first, including filing an Equal Employment Opportunity Commission (EEOC) claim or going through your state employment rights agency. An employment lawyer can help you get money for lost wages, loss of benefits, and even get your job back if you were a victim of workplace sexual harassment.

Can I Sue For Harassment if I Quit?

Yes, you can file a sexual harassment claim after you quit, after you were fired, or even if you are still employed. Some workers find their jobs to be such an offensive work environment that they have no option but to quit. Talk to a sexual harassment law firm about your options for taking legal action after harassing conduct at work.

How an Attorney Can Help

An attorney can often resolve your particular legal issue faster and better than trying to do it alone. A lawyer can help you navigate the legal system, while avoiding costly mistakes or procedural errors. You should seek out an attorney whose practice focuses on the area of law most relevant to your issue.

The Importance of a Good Consultation

The goal of an initial consultation is to find an attorney you are comfortable working with and someone who can help you understand your options under the law. Seek to understand the relevant legal experience the attorney brings to your case. While it is not realistic to expect an attorney to resolve your legal issue during an initial consultation, you should gain a level of comfort with his/her ability to do so. A good consultation can clarify issues, raise pertinent questions and considerations for your case, and help you make an informed decision towards resolving your legal issue.

How much does it cost to hire an attorney?

In general, how much an attorney costs will often depend on these four factors: billing method and pricing structure, type of legal work performed, law firm prestige, and attorney experience. Depending on the legal issue you are facing, an attorney may bill you by the hour, settle on a flat fee, or enter into a contingency fee agreement. The type of legal work you need help with will also play a role in cost incurred.

Common legal terms explained

Plaintiff – a person or party who brings a lawsuit against another person(s) or party/parties in a court of law. Private persons or parties can only file suit in civil court.

Judgment – A decision of the court. Also known as a decree or order. Judgments handed down by the court are usually binding on the parties before the court.