Sexual Harassment in the Workplace Lawyer

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Sexual misconduct in the workplace is a distressing situation for everyone involved. A reasonable person understands the difference between a rare, offhand remark and a sexually hostile work environment that should not be tolerated under any circumstances. An experienced sexual harassment lawyer can help an employee victim or co worker navigate the oftentimes tricky legal action of a sexual harassment case.

Mike Morse Law Firm is Michigan’s largest personal injury law firm with experienced sexual harassment attorneys available to help victims who have been subject to unwanted sexual advances, sexual assault, quid pro quo harassment, and any other illegal and offensive work environment. If you or a co worker have been the victim of any type of sexual harassment in the workplace, the experienced sexual harassment lawyers at Mike Morse Law Firm can review your claim and discuss your legal options. To schedule your free consultation, call Mike Morse Law Firm at 855-MIKE-WINS or visit www.855mikewins.com.

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.

Types of Sexual Harassment

Sexually harassment in the workplace can take many forms and range in severity from an unwelcome comment or off-colored joke, to verbal harassment, unwelcome physical contact and even sexual assault.

Sexual harassing conduct includes but is not limited to:

  • An unwanted sexual advance
  • Sex discrimination
  • Sexual propositions
  • Inappropriate touching
  • Verbal harassment
  • Requests for sexual favors
  • Threatening negative employment action, either explicitly or implicitly, if the victim doesn’t consent to sexual favors
  • Display of sexually explicit photos or images
  • Negative comments about a victims gender
  • Blocking or not allowing someone to walk past
  • Sending inappropriate pictures, jokes or cartoons through work email

Any type of sexual harassment is cause for concern and can create a hostile work environment. If you have experienced workplace harassment, you may be able to recover damages in an actionable sexual harassment claim. All employees deserve a workplace free of abuse and harassment. To discuss possible legal action regarding your situation. Contact the Mike Morse Law Firm at 855-Mike-Wins or visit www.855mikewins.com to schedule a free consultation. There is no obligation and you don’t pay any fees until we win your case.

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.

Sexual Harassment Prevention

Increased efforts to prevent sexual harassment in the workplace are being implemented throughout the country by businesses, employers, and individual workers.

Employers can decrease the incidence of harassing conduct by:

  • Educating employees on what constitutes sexual harassment and sexual assault
  • Articulating through verbal, written and behavior that sexual harassment is prohibited and will not be tolerated.
  • Reassuring employees that their sexual harassment claim will be taken seriously
  • Clearly identifying the person or department that should be notified if an employee has a concern about being sexually harassed.
  • Creating a culture of equality and fairness.

Civil Rights Act Title VII:Holding Employers Accountable
Sexual harassment is a form of sex descrimination and is against federal law. When Title VII of the Civil Rights Act was passed, it added protections for employees by holding businesses and employers legally accountable in certain instances if an employee of theirs is sexually harassed while at work.
According to Title VII of the Civil Rights Act, it is illegal for business owners and employers to allow an employee to be sexually harassed while at work. Title VII places responsibility on the employer to make sure the work environment is safe and free of harassement and discrimination. It is illegal for an employer to allow an employee to be harassed and /or to fail to do something about the harassment once it has been brought to their attention.
In addition, the law makes it illegal for an employee victim of sexual harassment to suffer retaliation or punishment for speaking up and reporting the abuse. Retaliation can include but is not limited to:

  • Employment termination
  • Demotion
  • Pay cut
  • Reduced hours
  • Reduced benefits
  • Shift reassignment
  • Social exclusion

If you have reported sexual harassment at work and your employer failed to take prompt action to stop the behavior, you need a sexual harassment lawyer. A sexual harassment attorney can be your legal advocate and help you hold the responsible parties accountable for their failure to act. The sexual harassment lawyers at Mike Morse have the expertise, resources, and experience to help you settle your 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.

Compensation For Sexual Harassment Victims

The amount of compensation you may receive in a sexual harassment civil claim depends on a variety of factors, the most important being directly related to the amount of harm that was caused. Harm or damages from sexual harassment can be divided into two categories, economic and non-economic.

Economic damages are tangible and fairly easy to estimate. Some examples of economic damages you may be entitled to recover include but is not limited to:

  • Lost Wages
  • Vacation, Sick Pay, Comp Time
  • Profit Sharing
  • Missed Bonuses or Tips
  • Health Insurance Benefits
  • Pension Benefits
  • Retirement Contributions
  • Stock Options

If, as a result of sexual harassment, you lost your job you may entitled to be reinstated. Unfortunately, reinstatement is often not practical in these situations because the job position may have changed and it is very likely that the relationship with your former employer has become so hostile that returning to work isn’t in your best interest. If this is the case you may be entitled to “front pay”.

Front pay compensation helps you recover wages that you would have received in the future had the harassment been eliminated and you were able to continue to work. Front pay is decided based on how old you are, how long you were employed, what the expected length of employment would have been and how long it may take you to find similar employment.
 

Non-Economic damages are not as concrete as economic damages, and it may be best to consult an attorney who has specific information about your case in order to formulate the claim amount. Common non-economic damages awarded in sexual harassment in the workplace claims include:

  • Pain and suffering
  • Mental anguish
  • Damaged reputation
  • Emotional distress

While no amount of financial compensation can truly make up for the distress of workplace sexual harassment, having the resources you need to move forward can make the process of recovery easier. Additionally, holding individual and businesses accountable for their actions or lack of actions, can bring a sense that justice has been served and may prevent sexual harassment of other victims in the future.

Mike Morse Law Firm Advocates For Victims Of Sexual Harassment

Sexual harassment in the workplace should not be tolerated in any form, under any circumstances, regardless of the victim’s sex, sexual orientation, race or work status. The attorneys at Mike Morse will stand by your side and fight for the compensation and justice that you deserve. Your initial consultation at Mike Morse is free and we collect no fees until we win your case. We are available 24 hours a day, 7 days a week by calling 855-MIKE-WINS or visit www.855mikewins.com. You don’t have to fight alone, call for help today.

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