Fight Back | Sexual Harassment Lawyers
Sexual harassment violated Title VII of the Civil Rights Act of 1964, a federal law that protects working individuals from sex discrimination at work. This type of harassment can include unwanted sexual advances, requests for sexual favors, or other verbal or physical behavior that is sexual in nature. More specifically, the law offers protection for direct or indirect threats and bribes for sexual encounters, sexual innuendos and comments, sexually suggestive jokes, unwelcomed touching including brushing against a person, or displays of explicit material.
Two Types of Sexual Harassment
Generally, there are two types of sexual harassment that are most common in the workplace.
- Quid Pro Quo. This type of sexual harassment occurs when certain employment decisions, such as staying employed or a promotion, is based on willingness to submit to harassment or sexual coercion. Examples include when sexual conduct is either directly or indirectly requested as a term or condition of employment or promotion, and when submission or rejection of sexual conduct is used as a base for decision-making in employment.
- Hostile Work Environment. Sexual harassment makes for a hostile work environment. This includes unwelcomed sexual advances, requesting sexual favors, and other verbal sexual conduct such as explicit jokes. It is considered a hostile work environment when such conduct has the intent or effect of interfering with an employee’s work performance and when the conduct is intimidating and creates a hostile or offensive work environment.
Factors in Court
When a court reviews an allegation of sexual harassment in the workplace, they look at the following factors to determine if a work environment was hostile:
- Frequency of misconduct
- Whether misconduct was verbal, physical, or both
- Whether conduct is hostile or if it was patently offensive
- Role and authority of the alleged harasser
- If the conduct was targeted at an individual or multiple people
- If others in the workplace participated in the alleged harassment
If you have been sexually harassed at work, you don’t have to stand for the misconduct. Contact our team at Bochetto & Lentz today to learn how we can craft a legal strategy to hold the right parties responsible for your pain and suffering.