As an employee, you should know when you have a case of sexual harassment in the workplace and when you should pursue one. Every state has different laws, and every sexual harassment case is different.
What is Sexual Harassment?
Sexual harassment is unwelcomed verbal, visual, and physical conduct of a sexual nature that is consistent or serious. Sexual harassment affects the working conditions of the employee to the point of creating an almost abusive working environment.
The Conduct Must be Unwelcomed
It is important to know that the conduct must be unwelcome. For instance, if there is a case where sexual messages are exchanged and both sides are engaged, it will be incredibly difficult to convince the jury that the conduct was unwelcome.
The Conduct Must be Pervasive
Also, for a sexual harassment case, the harassment at issue must be severe. Or the harassment must be pervasive in order to meet the category under the law. Now, severity can go to the extent of rape or grabbing, whereas pervasiveness is more about the frequency of the conduct at issue, which was unwelcome but occurred again and again.
The Plaintiff Must Be Able to Prove The Employer’s Awareness
Now, to hold the workplace accountable, the plaintiff must be able to prove that the employer knew or should have known that the sexual harassment was happening. The plaintiff must also prove that despite their knowledge, the employer failed to take any steps to prevent the harassment in the future.
Examples of Sexual Harassment at Work
Let us explore the different types of sexual harassment at work:
Verbal Harassment
Anything that one can say can constitute sexual harassment. Repeatedly asking someone out and making sexual jokes also fall in the category of verbal sexual harassment. The use of obscene and foul language, as well as commenting on how someone looks that day, can be a form of verbal sexual harassment – in the right circumstances.
Visual Harassment
When it comes to visual sexual harassment, there are posters in your workplace or a screen saver. It could also be the things that are sent or forwarded in emails or official chat groups. In certain circumstances, it could also be social media posts as well as instant messages and text messages.
Physical Harassment
Understandably, physical touching, stroking, gesturing, hugging, all of these can, under certain circumstances, constitute sexual harassment. However, staring and leering at someone can also constitute sexual harassment.
Blocking someone’s path and impeding their way out of an office can also be a form of sexual harassment.
Understand the Most Important Condition before Filing A Lawsuit
Since sexual harassment settlements and verdicts can be absolutely enormous, you might be wondering when a workplace is finally on the hook for this type of bad behavior. As stated before, the condition is that your employer knew or should have known that the harassment was taking place.
For instance, if the harassment is being perpetrated by a manager or a managerial employee, generally, the company is held accountable for the harassment. On the other hand, if the harassment is being perpetrated by a colleague, then the company isn’t automatically liable, but it can be held liable if the employer is aware of the harassment.
Complain in Writing First
It is important to put the company on notice if you are experiencing sexual harassment at work. Suppose the victim or someone else complains to the company, preferably in writing, that the harassment is taking place. In that case, the company or the employer is on notice, and it is the employer’s responsibility to try to prevent harassment from occurring again in the future.
Here is the thing: the law doesn’t allow companies to pretend as if they aren’t aware of the matter to avoid liability.
How Does the Jury Deal with Retaliation
At this point, you should also know about potential retaliation. Typically, people who are victims of sexual harassment submit written complaints to HR or the appropriate person at their company. Now, it can happen for the company to retaliate against the employee for submitting that complaint. If this happens, then the law is clearly broken.
Why, you might ask? Well, the truth is that nothing makes a jury angrier than knowing that legitimate sexual harassment complaints are being ignored. As a matter of fact, nothing makes the jury angrier than knowing that a company is protecting the harasser and retaliating against the victim.
So, it is incredibly important for the management or HR of a company to take the complaint seriously. Also, if you are a victim of sexual harassment, you cannot stay silent, as it will do you more harm in the long run. You must complain in writing and do it politely.
Quid Pro Quo
You should also know about another type of sexual harassment, which is referred to as “Quid Pro Quo.” This is a Latin term that translates to “this for that.” Basically, this type of sexual harassment is when a manager or a senior employee who is in authority asks for sexual favors in exchange for employee benefits, such as holidays, raises, and promotions.
It is important to mention here that this aspect is a relatively rare area of sexual harassment – but it still happens and is very serious.
Take Action if You Are the Victim of Sexual Harassment
If you are dealing with sexual harassment at your workplace, there are several actions you should take. If there is a serious adverse action, then you need to contact a lawyer, such as the Sexual Harassment Lawyers Las Vegas, if you live in Las Vegas. Contact a lawyer if you face termination, retaliation, or demotion after your official complaint.
You should also file a complaint if the company is putting the harasser in charge of you or is in closer proximity to you after they know what has happened to you.
If the sexual harassment issue is very severe, reach out to the legal counsel.
If you are the HR person who has received a complaint of this type of harassment from an employee, you should separate the alleged from the accused. Subsequently, you should do a highly impartial investigation of the matter. If you are incapable of being impartial, then you should hire an outside investigator to do that for you.
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