WHAT IS SEXUAL HARASSMENT?

Workplace sexual harassment is considered a type of sex discrimination under the Civil Rights Act of 1964. Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sex, including pregnancy, sexual orientation, and gender identity.

Many types of behavior and conduct can be considered sexual harassment, including but not limited to:

• Unwanted sexual advances
• Requesting sexual favors
• Making inappropriate sexual jokes
• Pressuring someone to engage in sexual conduct
• Exposing oneself/performing sexual acts on oneself
• Quid pro quo arrangements
• Unwanted touching/groping
• Discussing sexual relations, stories, etc.
• Creating or distributing sexually explicit images
• Verbal harassment that is sexual in nature

Essentially, any conduct that creates a hostile work environment—including unwelcome sexual advances, requests, remarks, statements, jokes, images, emails, communication, and physical contact—can be considered sexual harassment. The same is true of nonconsensual physical contact.

DISPELLING COMMON SEXUAL HARASSMENT MYTHS

There are many common misconceptions about sexual harassment in the workplace. As a result, many people are confused as to whether what they have experienced is truly sexual harassment.

Some of the most common sexual harassment myths include:

• The Harasser Must Be the Opposite Sex as the Victim: This is not true. Someone of the same sex as the victim can commit sexual harassment, and both men and women can commit workplace sexual harassment.
• The Harasser Is Always the Victim’s Superior: The harasser may be the victim’s supervisor, but not always. They could also be a coworker, someone who reports to the victim, a supervisor in another area, a vendor, or even a customer.
• The Person Who Was Harassed Is the Only Victim: You do not have to be the direct recipient of harassment to be a victim of sexual harassment in the workplace. Anyone who is adversely affected by offensive conduct or a hostile work environment could be a victim.
• You Only Have a Case If You Suffered Economic Harm: While you could certainly have a case if you suffered economic harm, such as lost wages or benefits, not all sexual harassment results in economic injury. You could have a claim for compensatory damages if you suffered non-economic damages, such as pain and suffering, emotional distress, etc.

HOW IS SEXUAL HARASSMENT DIFFERENT FROM SEXUAL ASSAULT?

Sexual harassment is a broad term used to refer to a wide range of behaviors, both physical and non-physical in nature. Sexual assault, on the other hand, typically involves unwanted or nonconsensual physical contact of a sexual nature. Sexual assault can constitute sexual harassment if it occurs in the workplace or otherwise in relation to work. However, not all forms of sexual harassment include sexual assault.

Additionally, sexual harassment usually falls under civil laws, not criminal laws. This means that some forms of sexual harassment may not be classified as criminal acts—but victims likely still have the right to take legal action under civil statutes. In a civil case, you can seek compensation for “damages,” or the economic and non-economic losses you have endured as a result of the sexual harassment.

WHAT TO DO IF YOU ARE THE VICTIM OF WORKPLACE SEXUAL HARASSMENT

If you are the victim of sexual harassment in the workplace, there are several things you can—and should—do to protect your rights.

These include:

• Reading and understanding your workplace’s sexual harassment policy
• Filing a complaint in writing with your employer or another appropriate party
• Documenting the harassment, including the time and date each incident took place
• Filing an official complaint with an appropriate state or federal authority
• Seeking medical attention (if necessary) and reporting the incident to the police (if applicable)
• Contacting a sexual harassment attorney for help with your claim

Whether you quit your job after dealing with a hostile work environment or were fired in retaliation for reporting sexual harassment, Potts Law Firm can help. We understand the difficult and sensitive nature of these cases. Our team offers caring, empathetic legal counsel and dedicated, one-on-one guidance throughout the legal process. We are here to help you fight for justice and the full, fair amount you are owed.

CALL POTTS LAW FIRM TODAY

We are ready to assist you with all aspects of your sexual harassment claim. We can handle all of the paperwork, communicate with the opposing counsel, and protect your rights throughout the process. With multiple offices located throughout the U.S., we proudly represent clients nationwide.