Being the victim of sexual harassment in the workplace can be emotionally and psychologically stressful. Here’s what to do if you’re being sexually harassed at work.
Types of Sexual Harassment in the Workplace
Quid Pro Quo
Supervisors, Managers, or superior workforce positioned individuals who demand/request sexual favors in exchange for unique workplace benefits are guilty of quid pro quo sexual harassment.
Examples of Quid Pro Quo include:
- Demands/requests for sexual favors in exchange for a raise, promotion, or new office.
- Threats that an individual will be demoted or fired if they do not submit to a sexual demand/request.
To properly file a quid pro quo harassment case, the plaintiff needs to provide the following:
- Worked for the defendant, applied to work for the defendant, provided any type of service to the defendant.
- A superior workforce individual made sexual advances against the plaintiff’s consent
- Improved pay or work environment were offered in return for sexual requests being fulfilled
- The defendant/worker suffered harm/injury from these sexual requests/advances
- The supervisor’s actions were a large factor in that harm/injury
Quid Pro Quo behaviors may include:
- Offering a raise
- Offering a better office
- Offering a higher position
- Offering more networking opportunities
- Offering more pay for less hours
- Offering a more preferable assignment/job
- Being hired upon fulfilling a sexual request
- Not losing a job for fulfilling a sexual request
Explicit or implicit quid pro quo offers are illegal. In order for something to be qualified as harassment, the plaintiff must provide evidence that the repercussions they experienced are directly tied to refusing the sexual act. If a threat is not followed up on, it cannot qualify as quid pro quo. However, this may qualify as a hostile work environment.
Hostile work environment
This method of sexual harassment occurs when an employee is a victim of unwelcome sexual advances or any other type of inappropriate conduct that is consistent and severe enough to interfere with the individual’s work environment and mental health. Furthermore, the sexual advances and inappropriate behavior must also result in an intimidating, hostile, or offensive work environment. The work environment must meet the criteria of being perceived as abusive to any reasonable party. A pattern of unlawful behavior, a severe instance of abuse, such as sexual assault, can be enough to constitute sexual harassment. Harassers can include fellow employees, supervisors, delivery employees, customers, or suppliers.
Examples of a hostile work environment include:
- Submission to sexual requests is explicitly or implicitly a term of employment
- Consistent sexual remarks, comments, or jokes
- Consistent offensive or demeaning remarks about a person’s gender or physical appearance
- Purposeful unwelcome touching
- Exhibiting offensive sexual material in the workplace.
- Pressure to go on dates or engage in sexual acts
The impact upon the plaintiff/victim is the primary factor that determines if sexual harassment has occurred. The intent of the defendant is a secondary factor.
Indirect hostile work environment
In some cases, sexual favors are welcome by the party benefiting from providing the sexual favor. This may result in discriminatory access to opportunities.
Ex: Nancy is providing sexual favors to her supervisor and as a result is obtaining promotion opportunities more often. This causes Devon to experience stress at the workplace because she is being hindered from advancing her career due to the sexual favoritism of the supervisor. Devon can file a hostile work environment case against her employer.
Related: Types of Sexual Harassment in California
Steps to take when dealing with Sexual Harassment
1. Keep a record of any Quid Pro Quo Incident
Document where, when, and how the incident of Quid Pro Quo was carried out. If there were any witnesses in the vicinity and if there were any security cameras that could have caught the harassment on tape. Even if there are no witnesses or security cameras ensure that you document other essential information about the incident.
2. Keep a record of any hostile work environment events
Document where, when, and how the workplace is a hostile work environment. If targeted with sexual comments, write down the comments. If you are subject to a hostile work environment others may be suffering from the same impacts. Watch the perpetrator carefully and document any comments they direct at you or others in the workplace.
3. Keep all documentation in a safe place
It may be convenient to keep documentation on your work computer or in your work desk. However, it is essential that documentation is kept in a place where fellow employees or supervisors cannot damage the documentation or delete it entirely. Make sure that if you are terminated access to this data would not be lost. Keep documentation on a personal computer, at home in your desk, or in a briefcase.
4. Gather all of the documented evidence
Make copies of and keep all emails, texts, sending cards that contain sexually inappropriate comments.
5. Report the Harassment at work
Prior to having the ability to sue, the Supreme Court requires that the harassment is reported at your workplace. The employer has the right to pursue correcting the situation. When reporting the harassment, follow the companies sexual harassment reporting guidelines and report the incident to the proper person. There should be alternatives to report the incident to if the harasser is considered to be the proper person.
6. Filing with the EEOC
If you have reported the incident and your employer refuses to take action, report the sexual harassment to the Equal Employment Opportunity Commission. This step will be further detailed in the section Filing a Lawsuit.
7. Find legal representation
If you’ve faced sexual harassment at work, contact Her Lawyer. We’ll get you in touch with the most qualified workplace sexual harassment attorney for your legal matter. We won’t charge you a dime unless you win your case.
8. Leave your Place of Employment
If the employer refuses to take action on your behalf and the harassment continues or worsens leave your place of employment.
Liability
If the harassment is committed by a supervisor or boss (instead of a fellow employee), your employer may be held strictly liable for the sexual assault that the plaintiff experienced. The employer may be responsible even if they were unaware of the behavior.
In regard to co-worker or third party harassment, the employer only assumes responsibility if they knew or should have known about the harassment and then failed to take action.
Damages that can be obtained in a workplace harassment lawsuit
Victims of sexual assault in the workplace are able to obtain compensatory damages for
- Back Pay
- Front Pay
- Loss of Reputation
- Psychological/Emotional Damages
- Pain or suffering
The outcome of the court’s decision can also result in compensation for:
- Attorneys fees
- Expert witness fees
- Court costs
- Punitive Damages
Employers are only able to claim the damages above if the charges brought against them were puerile.
Filing a Lawsuit
If you are a victim of Quid Pro Quo or a Hostile Work Environment follow the outlined process below:
In order to sue for sexual harassment in the workplace, an individual must file within the statute of limitations. An administrative filing has to be made and sent to the federal Equal Employment Opportunity Commission (EEOC), and/or the California Department of Fair Employment and Housing (DFEH).
In order to file a claim with the DFEH, this must be done within three years of the most recent occurrence of sexual misconduct or abuse. If the plaintiff discovers that they were mistreated following the three-year deadline they may file for a 90-day extension.
The expiration date to file a claim with the EEOC is within 180 days of the most recent occurrence of sexual misconduct or abuse. If the claim has been filed with the DFEH as well, the window is extended to 300 days.
- The filing party will receive a response in the form of:
- An investigation conducted by the EEOC or the DFEH
- A letter from the EEOC or the DFEH permitting the victim to proceed with their lawsuit
Once permitted to file a lawsuit, the victim has one year to do so.
Related: How to File a Sexual Harassment Complaint in California
FAQs
Can I sue for sexual harassment if I experienced an episode of statutory rape?
Yes. If a fellow employee or supervisor makes sexual advances towards a minor employee, legal consequences can occur since the age of consent is 18.
What can I do if I get fired after filing a sexual harassment claim against my employer?
As a plaintiff, you can now add a charge of retaliation against your employer alongside the sexual harassment charges.
Can I report instances of sexual harassment or misconduct if I am not the direct victim?
Yes. It is essential that any case of sexual abuse or misconduct is reported in order to maximize the safety of fellow employees and the potential victim. Furthermore, you may be entitled to compensation if you were inhibited by the sexual favors/abuse/harassment that was taking place.
Contact Us
If you or a loved one is being sexually harassed at work, contact us. We’ll get you in touch with one of our Workplace Sexual Harassment Attorneys in California! We won’t charge you a dime unless you win your case.