Sexual Harassment (Return)

When a co-worker, supervisor or employee at your place of employment engages in sexual misconduct or sexual harassment towards you, compensation may be available to you. >>REQUEST A FREE CONSULTATION
Most people spend an enormous amount of time at their place of employment. In some instances, some people spend more time or as much time at the office as they do at home.
That is why it so important to feel safe and secure at work and to be free of sexual harassment or sexual misconduct from those you work with, for, or around.

Typically, sexual harassment takes on two forms. These are quid pro quo sexual harassment and /or sexually hostile work environment.

1.         QUID PRO QUO: What is quid pro quo sexual harassment?

            Quid pro quo sexual harassment is when a supervisor or manager or anyone with authority over an employee offers work related benefits, threatens to withhold work related benefits, or threatens to take away work related benefits unless the employee provides sexual favors, or engage in sexual conduct with the person. 

An example of quid pro quo sexual harassment would be a supervisor threatening to reduce an employee’s work hours unless the employee engages in sexual intercourse with the supervisor.

2.         SEXUALLY HOSTILE WORK ENVIRONMENT: What is a sexually harassment work environment?

            A sexually hostile work environment is one where the employee has to endure a sexually pervasive work environment. This occurs when an employee is subjected to unwanted or unwelcome touching or sexual rubbing, subjected to listening to sexual jokes or comments, subjected to seeing pornographic pictures or materials around the work place, or dealing with sexual advances. IT is important to remember that the conduct has to be prolonged, consistent or persistent. Typically one or two off-color remarks or comments over a period of weeks or months are insufficient to sustain a sexual harassment claim under this theory of liability.  

Examples of a sexually hostile work environment may be one where employees, manager or supervisors engage in constant sexual jokes or comments towards an employee who objects, or one where an employee is subjected to constant unwanted or unwelcome rubbing, touching, or caressing, or could consist of combination of these types of conduct.      

 

WHAT SHOULD YOU DO IF YOU ARE BEING HARASSED?

If you believe you are being subjected to sexual harassment, report the harassment to your supervisor, director or HR department! If your supervisor or manager or director is the person harassing you, report it to the HR department. Typically, the courts do not accept the comment that “I was too afraid to report it because I was afraid of being fired or retaliated against.” If you report the conduct and you are in fact retaliated against, then you will have a claim for Retaliation. SEE OUR CONTENT ON RETALIATION.

In fact, your employer should have provided you with an Employee Handbook or with other information informing you of the policy and procedures for reporting sexual harassment. YOU MUST FOLLOW THESE PROCEDURES. To this end, you must give your employer the opportunity to remedy the harassment or discipline the perpetrator. Often an employer will fail to remedy the situation or discipline the perpetrator or respond adequately to complaints of sexual harassment. If this occurs, the employer may be liable to the employee for damages, including wage losses, emotional damages, and/or physical ailments or manifestations which resulted for the continued harassment or sexually hostile work environment.  

Also, keep notes, records or a journal of the dates and times of the harassing conduct and the nature of the conduct.  Another recommendation is to tell someone you know, a friend, colleague or family member. Doing these things will protect you and your claim should you decide to pursue legal action.

 If you, a friend or family member have been the victim of sexual harassment, request a free consultation by calling The Allen Firm PA at 407-481-8103.  We have extensive experience in handling these types of claims and have been very successful in do so.