Nobody should be subjected to unwanted sexual behavior in the workplace, but unfortunately, many employees face sexual harassment. If you’ve been harassed, understanding your legal options is essential to putting an end to this treatment and asserting your rights. One of the most important steps you can take is to seek experienced representation.
That’s where our employment law firm comes in. We advocate for sexual harassment victims by helping them win damages and fight back against illegal retaliation. Find out why southern Missouri employees have a trusted advocate with Privette Law Office.
What Is Sexual Harassment?
Some individuals are victims of workplace harassment without even realizing it. Generally, sexual harassment is a broad term that incudes any form of unwanted sexual communication or behavior, including such actions as:
- Making sexual comments
- Unwelcome romantic or sexual advances
- Asking an employee for sexual favors
- Demanding sexual favors in exchange for a promotion or continued employment
- Sending an employee lewd images and messages
- Making comments about an employee’s body
- Calling someone a sexually suggestive or derogatory name
Sexual harassment in southern Missouri usually falls into one of two categories:
Hostile work environment
This involves creating a work climate that causes humiliation or stress to an employee, or damage to their career. Unwanted sexual advances, verbal harassment, and calling someone a sexually suggestive name are examples of behaviors that can have this effect.
Quid pro quo
The phrase means “this for that” and usually involves someone who has a position of authority over the harassed employee. The prime example of this is a supervisor or other individual in a senior position demanding sex or sexual favors from an employee in order for the person to keep their job, receive the pay and benefits they deserve, or advance in their career.
Reporting Sexual Harassment
If you believe that you have been or are being sexually harassed, you should speak with a southern Missouri sexual harassment attorney right away. Your company likely has internal policies and procedures regarding harassment which you should follow as a first step to document your claim. We can assist you with this process.
After taking this step, and if the harassment continues (or you face retaliation for reporting it), you will need to file a claim with the Missouri Commission on Human Rights (MCHR). This must be done before you can file a lawsuit in state court, and it has to be done within 180 days of the harassment or retaliatory action. You should also file a claim with the Equal Employment Opportunity Commission (EEOC) within 180 days of the incident to preserve your rights under federal law.
Once you file your claim, also known as a Charge of Discrimination, the above agencies will investigate to determine whether it has merit. If so, you will be given a “Right to Sue” letter that enables you to file a lawsuit. You must file the lawsuit within 90 days of receiving the letter and within two years of the harassing or retaliatory act.
Protections Against Retaliation
Many employees are afraid to report sexual harassment due to fears of retaliation. Under both state and federal law, retaliation is illegal and you can pursue a claim against it along with sexual harassment. Retaliation takes many forms, including:
- Verbal harassment
- Firing
- Demotion
- Denial of a promotion
- Pay cut
- Reduced hours
- Disciplinary actions
- Poor performance reviews
- Less desirable shifts or positions
- Denying access to company resources
Companies often take these actions but try to hide their retaliatory intent so they can evade the law. If you believe that you have faced backlash for reporting sexual harassment, reach out to our office.
Steps to Take if You’ve Been Harassed
If you have been sexually harassed, we recommend the following course of action:
- Notify your employer in writing right away, for example by contacting the human resources department
- Document and preserve any evidence of the sexual harassment, including any images or messages you received
- Follow all internal policies and procedures regarding the harassment
- Contact an attorney for assistance with filing a claim with the MCHR, EEOC, and in court
Employers in southern Missouri have a legal obligation to investigate claims of sexual harassment and make reasonable efforts to put an end to it, including those that one employee commits against another. They are also liable when supervisors, managers, and other individuals in positions of authority engage in sexual harassment.
Contact Our Southern Missouri Sexual Harassment Attorney
Have you or a loved one experienced sexual harassment or retaliation for reporting such behavior? It’s time to connect with the dedicated and compassionate attorneys of Privette Law Office. Reach out to us today to schedule your initial consultation.
Frequently Asked Questions About Sexual Harassment Lawsuits
Which damages are available in a sexual harassment lawsuit?
There are a number of different potential damages available, depending on the unique facts of your situation. Among them are back pay (including for lost wages, benefits, and more), mental and emotional distress, and punitive damages to punish and deter such behavior in the future. You can also ask for attorney’s fees and other legal costs.
How can bystanders help if they observe sexual harassment?
If you have observed sexual harassment, you should document what you have seen, report the incident pursuant to your company’s internal policies and procedures, and speak privately with the victim to encourage them to seek legal representation. Speak with a knowledgeable southern Missouri sexual harassment lawyer if you are not comfortable taking these steps without counsel or you want to know more about your rights.
How can employers prevent sexual harassment?
If you are an employer, you can uphold your legal duties by adopting robust internal policies and procedures designed to identify and stop sexual harassment. These policies should make it clear that every employee has an obligation to report harassment, and should detail the steps that your company’s leadership will take to avoid incidents. Consult a skilled employment law attorney to learn more and to avoid unnecessarily exposing your organization to legal action.