Top Ellsworth AFB, SD Sexual Harassment Lawyers Near You

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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.

Best Time to Seek Legal Help

No matter what your legal issue may be, it is always best to seek legal help early in the process. An attorney can help secure what is likely to be the best possible outcome for your situation and avoid both unnecessary complications or errors.

Top Questions to Ask a Lawyer

• What is the usual process to resolve my case? How long will it take to resolve this?
• What are likely outcomes of a case like mine? What should I expect?

An experienced lawyer should be able to communicate a basic “road map” on how to proceed. The lawyer should be able to walk you through the anticipated process, key considerations, and potential pitfalls to avoid. Once you’ve laid out the facts of your situation to the lawyer, he/she should be able to frame expectations and likely scenarios to help you understand your legal issue.

Types of legal fees:

Bill by the hour: Many attorneys bill by the hour. How much an attorney bills you per hour will vary based on a number of factors. For instance, an attorney’s hourly fee may fluctuate based on whether that hour is spent representing you in court or doing research on your case. Attorneys in one practice area may bill you more than attorneys in a different practice area.

Contingent fee: Some lawyers will accept payment via contingent fee. In this arrangement, the lawyer receives a percentage of the total monetary recovery if you win your lawsuit. In sum, the lawyer only gets paid if you win. Contingent fee agreements are limited to specific practice areas in civil law.

Flat fee: For “routine” legal work where the attorney generally knows the amount of time and resources necessary to complete the task, he/she may be willing to bill you a flat fee for services performed.

Common legal terms explained

Affidavit – A sworn written statement made under oath. An affidavit is meant to be a supporting document to the court assisting in the verification of certain facts. An affidavit may or may not require notarization.