Sexual harassment is a type of employment discrimination consisting of unwanted sexual advances, sexual conduct, or other verbal or physical actions of a sexual nature, usually at the workplace. Sexual harassment does not have to be of a sexual nature and can be anything like offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general.
Sexual harassment in the workplace is illegal under state and federal laws. The typical procedure for filing a sexual harassment claim is as follows:
You should be prepared to take several steps in connection with your sexual harassment claim. Most state laws require you to “exhaust the possible remedies” before you can file a lawsuit. In particular, filing with a government agency such as EEOC is usually required before you can file a civil lawsuit.
The different types of sexual harassment claims:
Understanding the different forms that sexual harassment can take will help you when filing your claim. Some employees may actually be able to file a legal claim, but end up not doing so because they don’t understand the definition of sexual harassment.
Firing or penalizing an employee because they have filed a harassment claim is also illegal. This known as “retaliatory discharge” or “employee retaliation,” and is prohibited by state and federal laws. Retaliation is any action taken by an employee or a company against an employee because he or she filed a sexual harassment complaint.
If you were fired or penalized in retaliation for filing a claim against your employer, in addition to the sexual harassment complaint, you may also have a claim for retaliation. If you are able to prove that your employer retaliated against you because of your complaint, you may obtain remedies such as being reinstated to your former job position, and obtaining back wages for the pay that you lost.
Filing a sexual harassment claim can often be intimidating and sometimes challenging. If you feel that you’ve been subject to sexual harassment, you may need to hire an employment lawyer for assistance with the process. An experienced employment lawyer can guide you on how to file a sexual harassment claim.
Last Modified: 06-16-2017 12:18 AM PDTLaw Library Disclaimer
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