What can I do to prove that sexual harassment took place if there were no witnesses? To be successful at a sexual harassment claim, the best thing you can do is keep detailed records of everything that occurs. You should also determine what your company policy is regarding harassment and make sure you take any and all steps available to you in order to report the sexual harassment to the appropriate parties within your company. → Read More
I am an employer. What can I do to prevent sexual harassment in my workplace? Employers must be proactive in preventing workplace harassment in order to avoid civil liability. Employers can be liable for both quid pro quo sexual harassment and for hostile work environment harassment, unless they make a reasonable effort to prevent harassing behaviors. → Read More
Can one incident constitute sexual harassment? In “quid pro quo” cases, a single sexual advance can be considered actionable sexual harassment. Quid pro quo sexual harassment occurs any time a job benefit is offered on condition of the employee’s provision of sexual favors. The harasser must be someone with the power to make employment decisions. Similarly, quid pro quo harassment can also occur if a rejection leads to a specific job-related detriment. → Read More
Is it possible to bring a sexual harassment claim after a voluntary workplace relationship ends? The end of a voluntary workplace love affair, especially when one party does not want the relationship to end, can sometimes lead to cases of sexual harassment.In legal terminology, this type of sexual harassment situation is known as “quid pro quo,” a phrase that literally means “this for that.” This situation typically occurs when one member of the voluntary relationship occupies a position of power relative to the other, and unfortunately decides to use that position of power to convince the other party to engage with him or her in a sexual context. → Read More
Can my employer retaliate against me for filing a claim with the EEOC? Your employer cannot legally retaliate against you for filing a sexual harassment or discrimination charge with the EEOC. It is unlawful for an employer to retaliate against someone who files a charge of discrimination, participates in an investigation, or opposes discriminatory practices. Individuals who believe that they have been retaliated against should contact the Equal Employment Opportunity Commission (EEOC) or a lawyer immediately. → Read More
What factors determine a hostile workplace environment? To determine whether a work environment is hostile, EEOC investigators look at the following factors. It is not, however, just one of these factors that sways a workplace harassment case. An assessment is made based upon the totality of the circumstances. → Read More
What types of conduct have been found to be sexual harassment? What types of conduct have been found to be sexual harassment? The following types of conduct have been found to be illegal sexual harassment → Read More
Can I sue the owner of my company for sexual harassment? Harassment by anyone at work can give rise to a sexual harassment lawsuit, especially if the behavior is exhibited by the owner of the company. → Read More
If an employee is a victim of harassment but it turns into a consensual relationship, is it still sexual harassment? If an employee eventually engages in consensual sex with a person who has been harassing him or her, this does not negate the fact that the prior behavior may be considered harassment under sexual harassment law. However, this could impact any award for damages that may be available, depending on the situation. → Read More
Can “teasing” be considered sexual harassment? Conduct, which a reasonable person would find severely hostile or abusive, given an appropriate common sense sensitivity to social context, clearly will be regarded as sexual harassment. The objective severity of harassment is judged from the perspective of a reasonable person in the complainant’s position, considering all the circumstances. Physical contact or touching is not necessary. → Read More
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