One out of every six workers is sexually harassed on the job every year. Though some examples of sexual harassment seem clear—like propositioning a co-worker or denying a promotion to a co-worker who has refused sexual advances—other harassing behaviors can be much more subtle, including:
Discussing sexual activity. Employees who turn conversations into discussions of sex may be committing sexual harassment. The introduction of sex into the workplace is unnecessary and can make others very uncomfortable.
Displaying sexually suggestive pictures. Even if the image is in an individual’s office instead of in a public area, a sexually suggestive poster or picture may qualify as sexual harassment if others can see it. Additionally, e-mailed images of sexually explicit material qualify as sexual harassment.
Exaggerated, patronizing courtesy. Being polite is fine, but harassers sometimes use courtesy as a way to demean their victims by implying that they cannot do something because of their gender and therefore require the harasser’s help. The victim must evaluate this carefully and decide if it qualifies as harassment.
Jokes. Humor can be a tool that harassers use to hide their behavior by saying that they were “just joking.” But if their humor is so inappropriate or gender biased that it makes others uncomfortable, it still qualifies as sexual harassment.
Non-sexual physical contact. Even touching that is not explicitly sexual, like rubbing someone’s shoulders, can turn into sexual harassment if the person asks the perpetrator to stop and he does not. This type of behavior can make someone extremely uncomfortable and create a hostile working environment.
Looking someone up and down. This act of “checking someone out” qualifies as harassment, even though it involves no words. It creates a sexual environment that can make the victim uncomfortable.
If your workplace is uncomfortable because of sexual harassment, you have legal options, and your employer is prohibited from retaliating against you for using them. To discuss filing a complaint or lawsuit, call (888) 703-2911 to speak to a sexual harassment attorney at the Advocacy Center for Employment Law.
If you think you’re a victim of sexual harassment in the workplace, you may be considering consulting with a lawyer about your experiences and any legal recourse you may have. When speaking to your sexual harassment attorney, be sure to ask the following questions:
How do I know that I am being sexually harassed?
There is no exact definition of sexual harassment, and hence no exact way to know if you are a victim. Generally, sexual harassment is unwanted, unwelcome behavior of a sexual nature that the victim feels he or she must submit to for whatever reason. Because so many behaviors can potentially fit into this category, only an attorney will be able to tell you for certain if your experience qualifies as sexual harassment.
What are my options for responding to the harassment?
Unfortunately, filing a sexual harassment claim with your employer’s human resources department isn’t always effective. Your attorney will be able to help you file a complaint with California’s Department of Fair Employment and Housing. If this does not produce results, a lawsuit may be warranted.
What damages can I recover in a lawsuit?
If the harassment resulted in a denial of a raise, promotion, or other benefits, you may be able to sue for the value of the wages or benefits you would have earned without the harassment. If you were fired because of your reaction to sexual advances, you may also be eligible to receive compensation for the economic aspects of this loss. Regardless of whether the harassment had any economic consequences, you can pursue legal action to force the perpetrator to stop the harassment and to force your employer to take disciplinary action against him, or sometimes even for financial compensation for your pain and suffering.
Sexual harassment is not a clear-cut legal subject, and responding to it can require the assistance of an experienced employment rights attorney. If you’re worried that you’ve been the victim of sexual harassment, schedule an appointment with the Advocacy Center for Employment Law in San Jose by calling (888) 703-2911.
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The Advocacy Center for Employment Law firm in San Jose practices general civil and business litigation with an emphasis on civil rights claims, sexual harassment claims and employment law. Call 888-703-2911 for a consultation.
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The Advocacy Center for Employment Law firm in San Jose practices general civil and business litigation with an emphasis on civil rights claims and employment law. Call 888-703-2911 for a consultation.
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