Sexual harassment in the workplace is more common than many would like to admit.
According to data from the Equal Employment Opportunity Commission (EEOC), sexual harassment claims make up nearly 30 percent of all harassment claims in the workplace.
Sexual harassment can be extremely traumatizing for victims. Moreover, it can create a toxic environment, impacting productivity and mental health.
Fortunately, there are laws in effect nowadays protecting victims who make the brave choice to speak up – which was not the case for many years. At Barrett & Farahany, we’re the largest and oldest law firm in the Southeast dedicated exclusively to employee rights. Our sexual harassment attorneys have helped people across the country achieve justice, and we can help you, too.
Know Your Rights
Understanding your employment rights is the first step in addressing sexual harassment. This blog will discuss the difference between quid pro quo and hostile work environment claims, empowering you to take action.
Let’s explore these types of harassment and what you can do if you’re a victim.
What Is Sexual Harassment?
Sexual harassment includes unwanted sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.
These unfortunate events can happen to anyone, regardless of gender or workplace setting – from offices to factories. The ripple effect of sexual harassment can be very extensive, creating an environment that is both hostile and intimidating – and may impact an employee’s ability to perform their job.
Employers have a legal responsibility to prevent and address sexual harassment. Failure to do so can result in severe legal consequences – in addition to damage to the company’s reputation.
Quid Pro Quo Harassment
Quid pro quo is Latin for “this for that.”
In the workplace, it means a superior demands sexual favors in exchange for job benefits. These benefits commonly include promotions, raises, or continued employment, putting pressure on the employee to comply.
Employees might feel trapped by this behavior, believing their career advancement depends on accepting these demands. Quid pro quo harassment undermines the merit-based principles of the workplace, creating an environment based on inequality and fear.
Common Examples of Quid Pro Quo Harassment
- Promotion for Favors: A boss offers a promotion in exchange for a date. This situation forces the employee to choose between professional advancement and personal integrity. It creates a power imbalance that can be difficult to resist.
- Job Security: A manager threatens to fire an employee unless they comply with sexual requests. This type of threat exploits the employee’s need for job stability and can cause significant stress and anxiety.
- Better Assignments: A supervisor promises better work assignments for sexual favors. This may manipulate the employee’s desire for professional growth and fair treatment, undermining their confidence and morale.
Legal Standpoint on Quid Pro Quo
Quid pro quo harassment is illegal under Title VII of the Civil Rights Act of 1964. Victims have the right to file a complaint with the Equal Employment Opportunity Commission (EEOC).
The EEOC investigates claims and can take action against employers who fail to address harassment issues. Filing a complaint can lead to remedies including:
- Job reinstatement
- Back pay
- Compensation for emotional distress
It’s important to act quickly, as there are time limits for filing complaints (generally 100 days).
Hostile Work Environment and Sexual Harassment
A hostile work environment occurs when unwelcome sexual conduct interferes with an employee’s work performance or creates an offensive work environment.
This type of harassment can be subtle or overt and may involve actions from coworkers, supervisors, or even clients. The behavior must be severe or pervasive enough to create an environment that a reasonable person would find hostile or abusive.
Employees may feel powerless and trapped, fearing retaliation if they report the harassment.
Examples of Hostile Work Environment Harassment
- Offensive Jokes: Persistent sexual jokes that make you uncomfortable. These jokes can create a toxic atmosphere where employees feel degraded and disrespected.
- Inappropriate Touching: Unwanted physical contact, such as touching or hugging. This behavior violates personal boundaries and can cause significant distress and discomfort.
- Sexual Comments: Repeated sexual comments or innuendos directed at you. These remarks can be demeaning and objectifying, making it difficult to maintain a professional demeanor.
Legal Standpoint on Hostile Work Environment
Like quid pro quo harassment, a hostile work environment is illegal under Title VII of the Civil Rights Act of 1964. Victims can file complaints with the Equal Employment Opportunity Commission (EEOC).
The EEOC then investigates these claims and may take legal action against employers who fail to address the problem. Remedies can include:
- Compensatory damages
- Changes to workplace policies
- Training programs to prevent future incidents
As with nearly all legal matters with harassment, it’s essential to act within the statute of limitations (180 days) to ensure your complaint is heard.
Steps to Take if You Are a Victim of Sexual Harassment
Document Everything
Write down dates, times, places, and descriptions of each incident.
Be as detailed as you can, including who was involved and any witnesses present. Keeping thorough records can strengthen your case if you decide to take legal action. This documentation can also help you remember specifics that may be crucial during an investigation.
Report the Harassment
Inform your supervisor, HR department, or use your company’s complaint process. Be clear and concise in your report, providing as much detail as possible. Reporting the harassment is a key step in seeking resolution and creating a safer work environment. Be sure to follow up to ensure your complaint is being addressed and taken seriously.
File a Complaint with the EEOC
If the harassment continues, your next step is to file a complaint with the EEOC. The EEOC will review your case and may conduct an investigation. Filing with the EEOC is a formal step that can lead to mediation or legal action against your employer.
To echo the previous points, be sure to do this within 180 days of the incident.
How to File an EEOC Complaint
Filing a complaint with the EEOC involves several steps:
- Contact the EEOC: Reach out to your nearest EEOC office. You can contact them by phone, online, or in person.
- Provide Details: Give them the details of the harassment. Be as specific as possible, including dates, times, locations, and names of those involved.
- EEOC Investigation: The EEOC will investigate your claim. This may involve interviewing witnesses and reviewing documentation.
- Resolution or Lawsuit: Depending on the findings, they may resolve the issue or allow you to sue your employer. If they find merit in your case, they might also offer mediation to settle the dispute.
Check out the EEOC website to learn more about filing a complaint.
If you need help managing a claim, our sexual harassment attorneys are here to help you through the process.
Importance of Legal Support
Having the legal support of sexual harassment attorneys can make a significant difference in your claim.
An employment lawyer can:
- Guide you through the process
- Ensure your rights are protected
- Help you build a strong case.
They can provide expert advice on how to handle interactions with your employer and the EEOC. Most importantly, legal representation can increase the likelihood of a favorable outcome, whether through mediation, settlement, or court proceedings.
You Are Not Alone. Barrett & Farahany Can Help
Sexual harassment is a challenging issue, but understanding your rights and options can help you take control of the situation. Whether you’re facing quid pro quo or a hostile work environment, know that you are not alone.
Our sexual harassment attorneys at Barrett & Farahany are in your corner to seek the result you deserve – no matter the circumstances. Whether you have a legitimate claim or just want to ask some questions, we’re here for you. Contact our team today to learn more about the types of sexual harassment in the workplace and your path to justice.
