Questions About Sexual Harassment

What is sexual harassment?

Sexual harassment encompasses a number of actions and comments and can include:

• Coercion, comments or bullying of a sexual nature
• Inappropriate or unwelcome promises in exchange for sexual favors
• Verbal or physical conduct which is sexual in nature
• Inappropriate, derogatory or threatening statements about an individual’s sex or sexual preference
• Physical advances of a sexual nature

In all states, employees are protected against sexual harassment by civil laws.  Though the definition of sexual harassment and the penalties for sexual harassment vary between states, federal laws protect employees from being forced to endure sexual harassment in the workplace.

Who can sue for sexual harassment?

Any individual who has been subjected to sexual harassment in the workplace, including those at whom it was not directed, has the right to file a complaint.  However, most states require that an employee first follow the regulations outlined by their employer to stop sexual harassment, such as by filing a formal complaint with the employer, before being able to sue for damages.  Sexual harassment can be conducted by either gender, and both men and women can be the victims of sexual harassment.

What should I do if I am being sexually harassed?

The first step to putting an end to sexual harassment is to inform the person harassing you that their overtures are unwanted.  You should also inform your employer, if he or she is not the party who is harassing you.  If the harassment does not stop after you have gone through the correct steps for your employer to step in, you should contact an attorney, and the Equal Employment Opportunity Commission, or a similar organization in your state.

Who is responsible if I have been sexually harassed?

If you have been sexually harassed, the person who harassed you is culpable, and your employer may also be held responsible if you filed a complaint with the company.  Sexual harassment laws vary between states, but any company with fifteen or more employees is governed by Title VII of the Civil Rights Act of 1964 to protect its employees from sexual harassment.

What damages can I seek against sexual harassment?

The immediate goal of suing for sexual harassment is to end the harassment.  Beyond ceasing sexual overtures or comments, however, you may be entitled to additional remuneration.  This is particularly true if you are seeking to recover lost wages, including lost promotions, favorable work status or benefits, or if you suffered personal injuries (emotional, physical or mental).  Some courts will award punitive damages against the company or individual(s) who were harassing you.  If a company is found to have failed to protect the rights of its employees, the court may require that reforms be made within the company.

Who should I turn to for help?

If you have suffered or are suffering from sexual harassment in your workplace, you should first contact your employer.  If you have already done so, you should contact an attorney or law firm that is knowledgeable about federal sexual harassment law and sexual harassment law within your state.