Have you found yourself in a situation where your boss’s behavior crosses the line from professional to uncomfortable, even harassing? If so, you’re not alone. Workplace sexual harassment is a serious issue affecting individuals across all industries. In this guide, we’ll explore what constitutes workplace sexual harassment, what steps you can take if you’re being sexually harassed at work, who may be liable for such offensive behavior, the federal or state laws protecting you, and how you can seek justice if you’ve been a victim.
What Is Workplace Sexual Harassment?
Workplace sexual harassment refers to unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that creates a hostile or offensive work environment. It’s important to note that sexual harassment can occur between any individuals in the workplace, regardless of their gender identity, and it can involve a supervisor, a co-worker, or even a non-employee.
How Can You Be Sexually Harassed by Your Boss?
Sexual harassment by a boss can occur through various behaviors, including:
Unwanted Advances: Your boss might make unwanted sexual advances, such as inappropriate comments, gestures, or physical contact.
Quid Pro Quo: Your boss may condition job benefits or advancement on your acceptance of sexual advances, favors, or demands.
Hostile Work Environment: Your boss may create a hostile or intimidating work environment through sexually explicit conversations, jokes, or displays of sexually suggestive material.
Retaliation: Your boss might retaliate against you for rejecting their advances or reporting the harassment, leading to negative job consequences.
Abuse of Authority: Your boss may abuse their position of power to engage in inappropriate behavior, knowing that it could affect your job security or career advancement.
I Am Being Sexually Harassed at Work. What Should I Do?
If you’re experiencing sexual harassment at work, it’s essential to take action. Here are steps you can take:
Document Everything: Keep a detailed record of the harassing behavior, including dates, times, locations, and witnesses if any. This documentation can be crucial if you decide to take legal action.
Speak Up: Let the harasser know that their behavior is unwelcome and ask them to stop. If you feel comfortable doing so, you can also inform your boss or HR department about the harassment.
Know Your Company’s Policy: Familiarize yourself with your company’s policy on sexual harassment and follow the appropriate procedures for reporting isolated incidents.
Seek Support: Reach out to trusted colleagues, friends, or family members for support. You don’t have to go through this alone.
Consider Legal Options: If further harassment continues despite your efforts to address it internally, you may need to explore legal options.
What Are the Laws Against Workplace Sexual Harassment?
Several laws protect employees from workplace sexual harassment:
Title VII of the Civil Rights Act of 1964: Prohibits employment discrimination based on race, color, religion, sex, or national origin, including sexual harassment.
The California Fair Employment and Housing Act (FEHA): Provides additional protections against sexual harassment in California, covering a broader range of employers and employees than federal law.
The Equal Employment Opportunity Commission (EEOC) guidelines: Provide guidance on what constitutes sexual harassment and the steps employers should take to prevent and address it.
Can I Sue If I Am Sexually Harassed by My Boss?
Yes, you can sue your employer for sexual harassment. In fact, filing a lawsuit may be necessary to hold your employer accountable and obtain compensation for the harm you’ve suffered. However, before filing a lawsuit, you must typically file a complaint with the EEOC or the California Department of Fair Employment and Housing (DFEH).
How Can I Sue If I Am Sexually Harassed by My Boss?
To sue your employer for sexual harassment, you’ll need to follow these steps:
File a complaint: File a complaint with the EEOC or DFEH within the applicable time frame (usually within 180 days in California).
Obtain a right-to-sue letter: Once you’ve filed a complaint, the agency will investigate and may issue a right-to-sue letter, which gives you permission to file a lawsuit.
Gather Evidence: Your attorney will help you gather evidence to support your case, including documentation, witness statements, and other relevant information.
Negotiate or Litigate: Your attorney may attempt to negotiate a settlement with your employer or, if necessary, file a lawsuit on your behalf.
Hire an attorney: Consult with an experienced employment law attorney who can help you navigate the legal process and represent you in court.
How Much Time Do I Have to File a Complaint or Sue?
In California, you generally have one year from the date of the last incident of harassment to file a complaint with the DFEH. However, it’s crucial to act promptly, as there are strict time limits for filing complaints with the EEOC and DFEH.
What Other Legal Claims Might Apply to My Situation?
In addition to a sexual harassment claim, you may have other legal claims based on the specific circumstances of your case, such as:
Retaliation: If you’re retaliated against for reporting sexual harassment or participating in an investigation, you may have a separate claim for retaliation.
Discrimination: If the harassment is based on your protected characteristic, such as your gender or race, you may have a claim for sex discrimination.
Constructive termination: If the harassment is so severe or pervasive that it forces you to quit your job, you may have a claim for constructive termination.
What Is the Potential Compensation I Can Get?
If you prevail in a sexual harassment lawsuit, you may be entitled to various forms of compensation, including:
Economic damages: Compensation for lost wages, benefits, and other financial losses.
Non-economic damages: Compensation for emotional distress, pain and suffering, and loss of enjoyment of life.
Punitive damages: Additional damages awarded to punish the employer for particularly egregious conduct and deter future misconduct.
How Can an Attorney Help You If You’ve Been Sexually Harassed by Your Boss?
Dealing with sexual harassment in the workplace can be overwhelming and emotionally taxing. An experienced employment law attorney can provide invaluable assistance and support throughout the process. Here’s how an attorney can help:
Legal Guidance: Employment law is complex, and navigating it on your own can be challenging. An attorney specializing in employment law understands the intricacies of sexual harassment laws and can provide expert guidance tailored to your specific situation.
Evaluation of Your Case: An attorney will review the details of your case, including the evidence you’ve gathered, to determine the strength of your claims and the potential legal options available to you.
Protection of Your Rights: Your attorney will ensure that your rights are protected throughout the legal process. They will advise you on what to say and do to avoid inadvertently harming your case and will advocate on your behalf.
Negotiation: In many cases, sexual harassment claims are resolved through negotiation rather than going to trial. Your attorney will engage in negotiations with your employer or their legal representatives to reach a fair settlement that compensates you for the harm you’ve suffered.
Litigation Representation: If negotiation fails to resolve the matter satisfactorily, your attorney will be prepared to take your case to court. They will represent you during court proceedings, presenting evidence, questioning witnesses, and making legal arguments on your behalf.
Emotional Support: Dealing with sexual harassment can take a toll on your emotional well-being. Your attorney can offer emotional support and reassurance, helping you navigate the difficult emotions that may arise throughout the process.
Knowledge of Deadlines and Procedures: Employment law has strict deadlines and procedures that must be followed. Your attorney will ensure that all necessary paperwork is filed correctly and on time, preventing your case from being dismissed due to procedural errors.
Maximization of Compensation: Your attorney will work to maximize the compensation you receive for the harm you’ve suffered, including lost wages, emotional distress, and punitive damages if applicable.
Prevention of Retaliation: Unfortunately, some employers retaliate against employees who report sexual harassment. Your attorney will take steps to protect you from retaliation, including seeking injunctive relief if necessary.
Stand Up Against Harassment: Let BLG Be Your Voice
Being sexually harassed by your boss is a distressing experience, but you don’t have to suffer in silence. By understanding your rights and taking action, you can hold your employer accountable and seek justice for the harm you’ve endured. If you’re being sexually harassed at work, don’t hesitate to reach out to an experienced employment law attorney for guidance and support. Remember, you have the right to work in a safe and harassment-free environment.
If you’ve been sexually harassed by your boss, don’t suffer in silence. BLG is here to help you fight for your rights and get the justice you deserve. Our experienced team of employment law attorneys will stand by your side every step of the way, providing compassionate support and fierce advocacy.
Contact us now to schedule a free consultation.
1-800-870-8910