What Are My Rights If I Was Sexually Harassed At Work?
Experiencing sexual harassment at work can lead to both physical and emotional pain for the victim. At KMD Law, we find this unacceptable. We are willing to do everything in our power to protect our clients who have been harassed, as well as provide the litigation and compensation they are entitled to.
As an employee, you have the following rights:
- Right to a safe work environment
- Right to report your workplace harassment to your employer
- Right to report your workplace harassment to your state’s civil rights department, or other similar agencies
- Right to file a lawsuit against your employer for workplace harassment
- Finally, you have the right to pursue financial compensation for the harm you have endured!
Workplace sexual harassment is a sensitive issue and should be handled with care. KMD Law can help you understand all your rights under the law and advise you of the best course of action. Our ultimate goal is to see you fairly compensated for the pain and suffering you have endured at the hands of a supervisor or co-worker.
What Counts as Workplace Sexual Harassment?
How can you tell if you or a coworker has been sexually harassed? Workplace sexual harassment includes conduct of a sexual nature that offends, distresses, humiliates, or otherwise affects a victim in a way that makes it difficult for him or her to perform their job.
There are two primary types of workplace sexual harassment:
- Quid Pro Quo Harassment: This occurs when employment decisions, such as hiring, promotions, salary increases, or continued employment, are based on the acceptance or rejection of sexual advances or requests for sexual favors. For example, a supervisor might promise a raise or a promotion in exchange for sexual favors or threaten to demote or fire someone who refuses such advances.
- Hostile Work Environment: This type of harassment involves unwelcome sexual behavior that is severe or pervasive enough to create an intimidating, hostile, or abusive work environment. It can consist of, but is not limited to:
- Non-consensual, purposeful physical contact
- Sexually charged or explicit questions and comments
- Leering or ogling
- Jokes or remarks about sex
- Stalking
- Persistently asking someone for a date, sex, or sexual favors
- Attempted or actual non-consensual sexual contact
- Sending or displaying unsolicited images of a sexual or explicit nature
- Sexual contact between an employee and their supervisor
Workplace sexual harassment can be perpetrated by anyone in the work environment, including supervisors, co-workers, clients, or customers. It can affect any employee regardless of their gender, although it disproportionately affects women.
How Can I Report Sexual Harassment?
Even one instance of sexual harassment can create a hostile work environment and should therefore be reported as soon as possible. You don’t have to be the victim in order to come forward—all states have laws that require some form of mandatory reporting.
- Report the act of sexual harassment to the employer – If you’ve been sexually harassed at work, you should report the incident to your employer as soon as possible. Your employer has a legal responsibility to address harassment in the workplace and protect it’s employees. Chances are, your complaint is not the first concerning the employee in question. Additionally, having a record of the harassment on file can be very beneficial if you decide to sue your employer at a later time.
- Report the sexual harassment to a state or federal agency – Even if you’ve already reported the harassment to your employer, you still have the option to report the issue to a state or federal agency. Some states may require you to file an official complaint before you can sue your employer. Here is a full list of state FEPAs where claims can be filed.
What Are The Legal Remedies Available for Victims of Workplace Sexual Harassment?
While the specifics may vary from state to state, victims of workplace sexual harassment have several legal remedies available to them. These often include:
- Filing a Complaint: Victims can file a formal complaint with their employer’s human resources department or management.
- Administrative Charges: Victims can file a complaint with the federal Equal Employment Opportunity Commission (EEOC) or their respective state agencies. These agencies investigate claims of workplace harassment and may pursue legal action on behalf of the victim.
- Lawsuits: Victims have the right to file a civil lawsuit against the harasser, the employer, or both. A successful lawsuit can result in financial compensation for damages such as emotional distress, lost wages, and medical expenses.
- Retaliation Protection: While the specifics may vary, each state has laws that prohibit employers from retaliating against employees who report or participate in investigations of workplace sexual harassment. Victims who face retaliation can take legal action to protect their rights.
- Injunctive Relief: Courts may issue injunctions or restraining orders to prevent further instances of harassment in the workplace.
Understanding the Emotional Impact of Sexual Harassment
Experiencing sexual harassment at work can have a profound emotional impact on victims. It is important to recognize and address the emotional toll that workplace sexual harassment can have on individuals. At KMD Law, we understand the unique challenges that victims face and are committed to providing compassionate support throughout the legal process.
Some common emotional effects of workplace sexual harassment include:
- Anxiety and depression
- Post-traumatic stress disorder (PTSD)
- Loss of self-esteem and confidence
- Sleep disturbances and nightmares
- Difficulty concentrating or focusing
Our workplace sexual harassment attorney is not only dedicated to fighting for your rights, but also to ensuring that you receive the emotional support you need during this difficult time. If you have been a victim of sexual harassment, don’t hesitate to reach out to KMD Law. We are here to listen, support, and advocate for you every step of the way.
The Importance of Seeking Emotional Support
Experiencing workplace sexual harassment can have a significant impact on your emotional well-being, including feelings of shame, guilt, anxiety, and even depression. It’s important to seek emotional support to help you cope with these difficult emotions and move forward.
We believe that taking care of your emotional health is just as important as pursuing legal action, and we are committed to supporting you every step of the way.
Some of the benefits of seeking emotional support include:
- Validation of your experience
- Learning coping strategies to manage difficult emotions
- Reducing feelings of isolation and loneliness
- Regaining a sense of control and empowerment
- Improving overall mental health and well-being
If you or someone you know has experienced sexual harassment, don’t hesitate to reach out to our workplace sexual harassment lawyer for support and guidance. We are here to help you navigate this challenging time and move forward towards healing and justice.
