ANY UNWELCOME SEXUAL ADVANCE

Sexual Harassment

Under the law, sexual harassment is any unwelcome sexual advance or conduct on the job that creates an intimidating, hostile or offensive working environment. There are generally two types of sexual harassment recognized by the law: “quid pro quo” and “hostile work environment.”

Boss touching his attractive female assistant in company

OFFENSIVE AND UNWANTED CONDUCT

Two Types of Sexual Harassment

“Quid pro quo” literally translates as “this for that,” and occurs when a superior demands something of a sexual or romantic nature in exchange for continued employment or workplace benefit.

“Hostile work environment” harassment includes any situation in which an employer, supervisor or co-worker engages in conduct that makes an employee feel uncomfortable and is in some way based on the employee’s sex or gender. A hostile work environment can occur without any demand for sex in exchange for an employment benefit. Sexual jokes, offensive pictures, unwanted touching, leering, and requests for dates may constitute sexual harassment. The conduct must be offensive and unwanted by the victim.

If you think you have experienced sexual harassment on the job, you should contact employment attorneys with experience handling such matters. The attorneys at Pelton Graham are experienced in advocating for clients who have been victims of sexual harassment. We are happy to talk with you and answer any questions. Consultations are free and confidential, and as contingency fee attorneys, we do not get paid unless we recover for you.

Businessman sexually harassing female colleague during working hours at a workplace

Answers to Your Questions About Sexual Harassment

Can I be sexually harassed by a woman? Can I be sexually harassed if I am a man?

While sexual harassment most often affects women in the workplace, all employees are protected by laws against sexual harassment. Similarly, laws against sexual harassment prohibit harassment by anybody, regardless of gender.

Sexual harassment can occur between people of any gender, including same-sex harassment.

The attorneys at Pelton Graham LLC have represented both men and women in sexual harassment claims.

Have I experienced sexual harassment?

Sexual harassment can range from repeated uncomfortable comments or “jokes” to demands or pressure for sexual activity. Sexual harassment can also consist of offensive and sexual touching or contact, display of pornography or other lewd materials, or other verbal or physical harassment of a sexual nature that generate an uncomfortable or hostile work environment.

The harasser could be a supervisor, a co-worker, or in some circumstances even someone who is not an employee, such as a client or a vendor.

If you are not sure whether you have experienced sexual harassment but feel uncomfortable at the actions of someone in your workplace, call Pelton Graham for a free, confidential consultation.

Can I be punished for reporting sexual harassment?

Employees are protected from retaliation for complaints about sexual harassment. It is illegal for an employer to take any adverse or punitive actions against an employee for complaining about sexual harassment. “Adverse actions” include termination, demotion, discipline, reduction of pay, or any other actions that would cause the average person to avoid making such a complaint. Adverse actions may occur outside the context of work and include threats, including threats of deportation or reporting a person to government authorities.

It is important to note that the harassment does not have to be proven for the complaining employee to be protected against retaliation. In other words, if an employee makes a complaint about sexual harassment and is fired a few days later, the employer may be liable for retaliation even if no court or government agency finds that the underlying harassment actually occurred.

What can I do if I’ve been sexually harassed?

Sexual harassment in the workplace is illegal under federal, state and local laws.

One important step to take if you believe you may be the victim of harassment or discrimination in the workplace is to keep a log of all harassing or discriminatory incidents and communications. A log can be a simple handwritten page showing the date of the incidents, what occurred, who was present, and any other relevant information. Your recollection will be best shortly after the incident, but there is no requirement that logs be kept within a certain period of time. Logs are especially important if you do not have any written materials or recordings of incidents.

You should save any communications, such as e-mails, text messages or memos, or social media posts that are harassing or that refer to harassment that has occurred.

In some states you are permitted to make audio recordings of conversations that you are part of. Check your state’s laws about recording in-person and telephone conversations. If you live in a “one party” state, you may have the right to make audio recordings of conversations with individuals harassing you.

The law limits the time that you can file a complaint about sexual harassment. In addition, many anti-discrimination laws require a two-step process of filing a complaint with a government agency (such as the Equal Employment Opportunity Commission or a state’s Department of Labor) before you can file a lawsuit in court. Since you have a limited amount of time to file any complaint, you should contact an attorney as soon as possible after an incident of harassment or discrimination.