Sex discrimination includes pregnancy discrimination, childbirth discrimination and sexual harassment. A person may be a victim of sexual harassment if he or she receives unwelcome sexual advances or physical, verbal or visual acts that are sexual in nature. In addition to protection under state laws, all people in the U.S. are also protected from workplace sexual harassment under Title VII of the Civil Rights Act of 1964. Victims may be male or female. A person who is harassed at work may have recourse through both the state and federal systems with the help of Swartz Swidler.

Employer Obligations

Employers have legal duties to thoroughly investigate complaints of sexual harassment in the workplace. If they fail to investigate or conduct the investigation in a manner that is negligent, the employers may be liable to the victims in subsequent lawsuits. Employers should have written policies addressing sexual harassment. They should also have a clear complaint and investigation procedure. The employer should ideally use a neutral investigator such as a human resources representative. If the complaint is determined to be credible, the employer should then discipline the harasser and keep documentation of everything that was done.

Examples of Sexual Harassment

The lawyers at Swartz Swidler are experienced with handling a variety of different sexual harassment cases. Here are some common examples of sexual harassment that we have seen. Innocent comments and teasing are not sexual harassment by themselves. The frequency and severity of the incidents are key in determining whether or not the person has been a victim of sexual harassment.

Quid pro quo sexual harassment involves a person’s being asked to perform sexual favors as a condition of his or her job. One example is an employee being threatened with job loss if he or she does not agree to perform a requested sex act.

Hostile Work Environment Sexual Harassment

Hostile work environment sexual harassment happens when a person is the target of unwelcome sexual advances and conduct that are severe enough to make the workplace a hostile environment or makes it difficult for the employee to perform his or her work duties. Employers may sometimes then terminate the harassed person because of his or her suffering performance.

Reporting Workplace Harassment

Every company should have a written complaint procedure. People should start by following the procedures outlined by their companies. If the harasser is himself or herself the person to whom the victim is supposed to complain, he or she should go above that person or to another supervisor. The complaint should be written, and the person should make certain that they keep a copy of what he or she submitted. It is also important for the victim to note all witnesses to the incidents with the dates, times and what happened. If there are emails, text messages or other evidence, copies of those should be saved as well. If the investigation is not completed, is done in a negligent way or the employer retaliates against the victim for complaining, he or she may then file complaints with the Equal Employment Opportunity Commission and his or her state’s corresponding agency. Our sexual harassment attorneys at Swartz Swidler may help their clients throughout the process, advocating for them to receive the damages that they deserve.

Sexual harassment lawyers fighting for victims of workplace sexual harassment

A person who believes that he or she has been the victim of sexual harassment in the workplace may want to get legal help early on in the complaint process. Our Sexual harassment lawyers can help you clients with preserving evidence that they may need if a complaint to the state and federal agencies becomes necessary. If you have been a victim of sexual harassment, call the sexual harassment attorneys at Swartz Swidler for a free consultation.