Experiencing sexual harassment at work can be devastating. It can make you feel scared, trapped, and helpless. You may be afraid to go to your job every day. Your work and health might suffer because of the constant stress. You may worry about losing your job if you speak up.
Sexual harassment in the workplace becomes illegal when it meets certain legal standards. This generally means the sexual behavior is unwelcome and is so severe or frequent that it creates a hostile work environment or results in an adverse employment action (such as being fired or demoted).
At Desai Law, we have seen firsthand the severe harm that workplace sexual harassment can cause. We know how overwhelming and isolating it can feel, especially if your employer is not taking proper action to stop the harassment. You may feel like you are out of options. But you have rights, and we are here to help.
If you are experiencing sexual harassment at work, know that you are not alone. Our experienced employment attorneys are dedicated to fighting for harassment victims and holding employers accountable. We offer confidential consultations to listen to your story, explain your legal options, and help you take action to protect your rights and stop the harassment. Contact us today to learn how we can stand up for you.
What is Sexual Harassment?
Sexual harassment in the workplace is unwanted behavior of a sexual nature. This includes unwanted sexual advances, asking for sexual favors, and other verbal or physical actions that are sexual.
Sexual harassment becomes against the law when giving in to or rejecting the behavior affects your job. This could mean you don’t get a promotion or raise you deserve if you say no to the sexual conduct. Or the sexual behavior makes it very hard for you to do your work well. It creates a work environment that is scary, unfriendly, or offensive.
Two Main Types of Illegal Sexual Harassment
There are two main types of sexual harassment that are against the law:
“This for That” (Quid Pro Quo) Sexual Harassment
In this type, an employee has to put up with sexual harassment to keep their job. They may also have to allow it to get a raise, promotion, or other work benefit. Or they have to accept the sexual behavior to avoid being fired, demoted, or punished at work.
With “this for that” harassment, the employee’s job is directly tied to how they respond to the sexual actions. If they reject the conduct, their job is negatively affected. If they go along with it, they may keep their job or get a work perk, but only because they allowed the sexual behavior.
A manager saying, “Sleep with me, or you’re fired,” is a clear example of “this for that” sexual harassment. However, it could also be a supervisor implying an employee will get ahead at work if they go out with them. Or it might be a boss touching an employee in a sexual way and then treating them badly when they object to it.
Hostile Work Environment Sexual Harassment
A “hostile work environment” is created when sexual harassment is so frequent or severe that it unreasonably gets in the way of the victim doing their job. The harassment makes the workplace very intimidating, hostile, or offensive to them.
Examples could include a coworker repeatedly making crude sexual comments or jokes, even after being told to stop. Or it could be a manager hanging up sexual posters or images in the office. It might be a group of employees having explicit sexual discussions in front of others. A hostile environment could be created by things like unwanted touching, leering, or sexual gestures.
With hostile environment harassment, the sexual behavior is not directly tied to job benefits like it is in “this for that” cases. But it is so bad that it creates an abusive work situation and makes it difficult for the employee to work.
The sexual conduct has to be more than a minor annoyance to be illegal. There is no exact rule, but generally, it has to happen frequently or be very serious to create a hostile work environment. A single incident can be enough if it is really severe, like a sexual assault. With less severe acts, there usually needs to be a pattern of repeated harassment.
When are Employers Responsible?
Employers have a legal duty to keep their workplaces free of sexual harassment. They are expected to be aware that harassment may happen and to look out for signs of problems.
Having a written policy against sexual harassment is important. All employees should be told about the policy. The employer should provide training so employees understand what sexual harassment is and how to report it if it happens.
When an employee complains about sexual harassment, the employer must respond right away. They have to investigate the complaint fairly and fully. If harassment is found, they must take effective action to stop it and make sure it does not happen again. The response has to be strong enough to fix the problem and prevent further issues.
An employer can be held legally responsible if they knew about sexual harassment and did not take proper steps to address it. They can also be liable if they should have known the harassment was happening, even if no one complained. Signs like sexual images or crude jokes in the workplace could mean an employer should have been aware of a possible hostile environment.
Employers Are Not Allowed to Retaliate
Employees have a right to speak up about sexual harassment at work. They should not be punished for complaining or going along with a harassment investigation.
Retaliation can include things like firing, demoting, or disciplining the employee. It might be changing their work shift or duties to less desirable ones. Any negative job action because the worker complained could be retaliation. Even threats of punishment for complaining are not allowed.
Retaliation for reporting sexual harassment is illegal. Employees are protected even if the harassment claim turns out to be untrue, as long as it was made in good faith. An employer can be held liable for retaliating against a worker who complains, separate from any liability for the original harassment.
What Can You Do?
If you are experiencing sexual harassment at work, it is important to complain to your employer. Follow the company’s policy for reporting harassment. Put your complaint in writing and keep a copy. This shows the employer knew about the problem.
The law protects you from retaliation for complaining. Do not be afraid to speak up, even if the harasser is a supervisor or executive. You have a right to a workplace free of sexual harassment.
Keep notes about each harassment incident – when it happened, who was involved, what was said or done, and if there were witnesses. Save any harassing texts, emails, photos, or other evidence. This will help show the pattern of harassment.
Talk to coworkers you trust. Others may be experiencing similar harassment. Ask if they will support your complaint. If more than one person complains, the employer will be more likely to take it seriously.
If your employer does not fix the problem, consult with an experienced employment lawyer right away to discuss your options. You may be able to file a legal claim against the company for allowing sexual harassment.
At Desai Law, our Morgantown sexual harassment attorneys can go over what happened and explain your rights. We will advise you on the strengths of your case and what compensation you may be entitled to. This could include money damages and orders for your employer to stop the harassment.
Contact Desai Law Today to Schedule a Confidential Consultation
Being a victim of sexual harassment can make you feel powerless, especially if your employer is not responding to the problem or is retaliating against you. But you have legal rights. At Desai Law, our experienced Morgantown employment lawyers can be your advocate to stop the harassment and get you justice.
If you are suffering from workplace sexual harassment, contact our firm today at (304) 974-1974 to schedule a confidential consultation. We will listen to your story, explain the laws that protect you, and develop a plan to stand up for your rights. You do not have to face this alone. Call now, and let us fight for you.
