Law

How Can You Bring a Sexual Harassment Claim at a Workplace?

Sexual harassment is any unwelcome or unwanted act of a sexual nature. Any verbal or physical behavior counted as an unwanted sexual advance can be sexual harassment.

Experiencing sexual harassment can be a frightening situation for anyone. If you have been a victim of sexual harassment, know that you can remedy the situation and ask for compensation. Contact a sexual harassment attorney San Antonio to determine your next steps.

What is workplace sexual harassment?

Sexual harassment in the workplace can be categorized into two types. These are “quid pro quo” sexual harassment cases and “hostile work environment” sexual harassment cases.

What is a hostile work environment case?

Suppose someone at your workplace repeatedly targets you, makes you feel uncomfortable with their unwanted sexual advances, and turns your work environment hostile for you to work. In that case, it is a hostile work environment sexual harassment case.

Who is legally responsible for workplace sexual harassment?

Who is held liable in a sexual harassment claim can depend on the facts of your case. However, some parties that may potentially be held responsible are:

  • An employer can be held liable if they directly participated in the harassment and have authority over you – such as an owner, manager, partner, or supervisor. 
  • If your employer knew about the sexual harassment problem but did not take prompt and effective actions to stop it, they can also be held legally responsible. 
  • Some individual supervisors or managers may be held liable, depending on the State laws. 
  • A union or its representative may also be held liable in some circumstances. 
  • An employment agency can also be held responsible.

What are the laws regarding sexual harassment in the workplace?

Sexual harassment is illegal across the country. Generally, the federal laws only apply to employers with 15 or more employees. Still, there may be state laws in your state of residence that can protect you in different situations.

According to Title VII 1964 (“Title VII”), it is illegal for employers to allow anyone at work to be sexually harassed, regardless of their gender or sexual orientation.

It is also illegal for someone at work to retaliate against you for speaking up or complaining about sexual harassment.

Consult a lawyer

If you have experienced sexual harassment at the workplace, do not hesitate to reach out to a lawyer immediately. They can help you with your legal rights and hold the harasser accountable.

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