Being the target of sexual harassment at the workplace could change the way that employee performs. Moreover, it could affect their overall mood, causing a feeling of fear inside and outside of work. Nevertheless, reporting sexual harassment to an employer is never easy.
Embarrassment and fear of retaliation are all reasons that some people never stand up to sexual harassment at work. However, not doing anything about it never solves the problem. In fact, the problem usually worsens.
If you are being sexually harassed at work, it is important to know your rights and how to exercise them. The process begins with submitting an internal complaint. An internal complaint is the official filing of a complaint.
A complaint should be filed immediately, verbally and in writing. The sooner the better. The complaint should be explicit. It should contain details about how and when the harassment took place, who has been doing the harassing, and the effects of the harassment.
Failure to prove that your employer was made aware of the harassment could be devastating to your case. There are situations where an employer should have been aware of harassment. You always want to file a complaint with your employer as soon as possible.
Filing an internal complaint could quickly fix the problem. You might also have to file a complaint with the Equal Employment Opportunity Commission (EEOC) and possibly even file a lawsuit.
In court, an employer may use an affirmative defense to escape liability. In this instance, the employer must establish that there were reasonable measures taken to end the harassment and the plaintiff failed to follow those measures.
What Constitutes Sexual Harassment?
Sexual harassment is inappropriate and unwelcome behavior directed toward a person because of that person’s sex or gender. This includes sexual advances, unwelcome comments or touching, and requests for sexual favors.
Sexual harassment does not necessarily have to be sexual in nature. Offensive comments about a person’s sex or gender as a whole could constitute sexual harassment. Also, the particular sex or gender is not prevalent. For example, the offender and target could be either the same or opposite sex.
What Laws Are in Place to Protect You From Sexual Harassment at Work?
Title VII of the Civil Rights Act prohibits job discrimination based on a person’s gender, race, sexual orientation, and more. Title VII makes it clear that to establish sexual harassment at work, a claimant’s accusations must meet certain criteria.
If you are a claimant, you must show that the behavior was unwelcome, was based on your sex or gender, was bad enough to classify as a hostile work environment, and was attributable or ascribable in some way to your employer.
South Jersey Employment Lawyers at The Law Offices of Leo B. Dubler, III, LLC Represent Those Facing Sexual Harassment at Work
If you have been sexually harassed at work, you need a lawyer on your side. Our experienced South Jersey employment lawyer at The Law Offices of Leo B. Dubler, III, LLC will fight hard to get you what you deserve. Call us at 856-235-7075 or contact us online for a free consultation. Located in Mount Laurel and Atlantic City, New Jersey, we serve clients throughout South Jersey, including Cherry Hill, Burlington County, and Camden County.