Sexual Harassment And Hostile Work Environment Lawyers

FAQs

• What Is The Definition Of Sexual Harassement?

  The United States Equal Employment Opportunity Commission (EEOC) defines sexual harassment by stating that “it is unlawful to harass a person (an applicant or employee) because of that person’s sex. Harassement can include “sexual harassment” or unwlecome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. “

  In addition, any offensive comments about a persons sex is also illegal. For example, if a woman makes offensive comments about men in general that could be considered sexual harassment. The same is true if a man makes negative or offensive comments about women. Victims of sexual harassment may be the opposite sex of the person harassing or of the same sex. Offensive comments about a persons sexual orientation can also be considered harassment. Ongoing sexual harassment can create a workplace that is hostile and damaging. Employers have a legal obligation to protect their employees from sexual harassment by implementing prevention strategies, identifying problem situations and responding promptly to any complaints from employees.

• How Common Is Sexual Harassment In The Workplace?

  Unfortunately, sexual harassment is all too common in the workplace. Whether its unwelcome sexual advances, comments of a sexual nature or physical conduct that equates to sexual assault, the problem is pervasive. In the past only a small percentage of people who were subject to workplace harassment ever reported it. In fact, a national survey suggested that while nearly 5 million people experienced some form of sexual harassment at work, only a fraction were reported.

  Recently, as awareness of the hostile work environment has been expanded and more high-profile cases have been brought to light, more reports have been filed. As a result, a victim of sexual harassment is more likely to be taken seriously today then at any other time in history.

  If you have been subject to a hostile work environment due to sexual harassment, contact a sexual harassment attorney today. Attorneys at the Mike Morse Law Firm understand that reporting inappropriate sexual conduct by a boss, supervisor, or co-worker can be stressful. You may be afraid of retaliation, job loss, and other negative repercussions. At Mike Morse Law Firm, we believe you shouldn’t have to face these obstacles alone. Mike Morse Law Firm is available 24 hours a day, 7 days a week to answer your questions regarding a sexual harassment lawsuit. Call today.

• Is Teasing Sexual Harassment?

  Not every joke, sexual comment, or instance of offensive conduct meets the legal definition of sexual harassment. However, if the sexual innuendos, jokes, and offensive language are not isolated incidents but common occurrences and lead to a sexually hostile work environment then the behavior does constitute sexual harassment.

  Sexual harassment is against the law and violates the Civil Rights Act of 1964. The Civil Rights Act specifically addresses sexual harassment in the workplace by deeming it illegal for employers to allow abuse of their employees by anyone, regardless of their gender, sexual orientation or sex.

• What Is Quid Pro Quo Harassment?

  Workplace sexual harassment is considered “quid pro quo” when a person in authority such as the boss, manager, supervisor or even the business owner, offers or even suggests that an employee will be given a raise, promotion or other advantage in return for sexual favors. Sexual advances of this kind can occur while the victim is currently employed or can be used by the alleged harasser as part of the hiring process.

  Quid pro quo workplace sexual harassment also exists when, instead of advancement or promotion, the employee is threatened with loss of employment, demotion, or other negative consequences if they fail to go along with the unwanted sexual advances of the alleged harasser.

  Either way, quid pro quo workplace sexual harassment can quickly lead to a hostile work environment making life very difficult for the victim. An experienced employment attorney with knowledge of sexual harassment federal law can assist victims in reporting the unwelcome conduct and holding the perpetrator accountable for their actions.

• What Should I Do If I Am Being Sexually Harassed At Work?

  Victims of sexual harassment in the workplace are often shocked by the offensive verbal assault, unwelcome sexual advances, and pressure they feel to keep silent. It is normal for a reasonable person to fear for their job or hesitate to report harassment but it is the fear of retribution that often allows workplace sexual harassment to continue.

  Reporting sexual harassment isn’t easy but it is the best way to confront the situation and protect yourself and your career.

  Sometimes workplace sexual harassment can be handled by communicating clearly that what is happening isn’t wanted and must stop. It is important to consider the severity of the harassment when deciding to have a direct conversation with the harasser. Safety is always the number one priority. If a direct conversation can solve the problem, so much the better, if not, there are other steps you can take to stop sexual workplace harassment.

  • Keep a record of every incident including the date, time and where it happened. Be sure to note if there were witnesses who may have heard or seen something. Keep a copy of your record away from your workplace.
  • Consult your employee handbook. Most places of business have guidelines for employees to follow if they are being harassed. Read the information provided and follow the steps outlined in the guide.
  • Contact the appropriate administrative agency within the company. Your workplace may have a human resources department that handles these types of situations or you may file an administrative complaint with another department. If there is no written policy to follow and no department to handle your complaint, confide in a supervisor that you trust. Be sure to take written notes of your conversations and save any electronic communications.
  • Report sexual harassment externally. The Equal Employment Opportunity Commission (EEOC) will likely have a field office in your area and can take your report of sexual harassment complaint online or in person. The EEOC will notify your employer that a complaint has been made and may recommend mediation or start an investigation.
  • Contact a lawyer. An employment lawyer with experience in sexual harassment cases can discuss the details of your situation and advise you on the pros and cons of filing a sexual harassment lawsuit as a personal injury claim.

• How Can A Sexual Harassment Lawyer Help Me?

  Sexual harassment attorneys are experts in sexual harassment law and help victims understand what behaviors the legal definition of sexual harassment includes. With this understanding, a lawyer can investigate the merits of your case and advise you on the pros and cons of filing a lawsuit or personal injury claim against your employer.

  A workplace sexual harassment attorney can also evaluate the details of your case and formulate a reasonable monetary projection of the compensation you may receive for the damages you suffered due to the harassment.

  In addition, an attorney can help you by:

  • Informing you of your rights and the laws that exist to protect you
  • Gathering evidence to prove your claim of sexual harassment
  • Gathering proof of the damages your suffered from sexual harassment
  • Submitting your claim
  • Handling communication with the harasser and/or employer
  • Ensuring that your rights are not violated in court
  • Negotiating a settlement if it is in your best interest
  • Represent you in all court and legal proceedings
  • Being available for questions and support

  Seeking justice for sexual harassment in the workplace can be incredibly stressful. Having an attorney that you trust by your side every step of the way can make all the difference. Businesses and employers facing accusations will most certainly have a legal team on their side, and so should you. Contact Mike Morse today at 855-MIKE-WINS or visit www.855mikewins.com for help with your case.

• Is There A Time Limit On Filing Sexual Harassment Claims?

  Yes. A statute of limitations on sexual harassment claims limits the amount of time you have to file your claim. Failure to file before the deadline will result in your forfeiting any financial compensation you may have been owed. The deadline for filing your case varies depending on your situation, the state you reside in, and the type of job you have. For example, if you work for a government agency, or want to file a complaint with the Equal Employment Opportunity Commission the requirements and time restraints will be different then if you want to file a civil lawsuit in your specific state.

  Contacting an attorney as soon as possible after an incident of sexual harassment at work is the best way to ensure you meet all the deadlines and requirements for a successful claim. An attorney can evaluate your case, advise you on the legal actions that will be in your best interest, and most importantly, ensure that your claim is well within the legal restrictions.