Sexual harassment in the workplace can cover a wide-array of work-environment conduct which is not only offensive but potentially encompasses criminal behavior. Short of that, one can still be held liable civilly or face consequences such as being fired or suspended for certain behavior.
Even if the conduct itself is not necessarily sexual in nature from a physical standpoint, one can still claim to be a victim of a hostile work-environment, especially in the #metoo and post-#metoo era. These claims are typically filed by employees against superiors and can lead to civil damages and sometimes criminal charges.
Is Sexual Harassment in the Workplace a Form of Discrimination?
It can be. In general, laws have been in effect for decades which protect against a discriminatory work-environment. This means that someone can not harass or discriminate against another if they fall within a protected class due to gender, age, or ethnicity. Hence, if an employer harasses another sexually, it can certainly be viewed in a civil context as a form of workplace discrimination if it can be shown that the superior is specifically targeting a person that falls within a specific protected class.
Legal Violations of Sexual Harassment in the Workplace
Sexual harassment in the workplace can be prosecuted in the same fashion that any other sexual harassment claim can be. If somebody harasses another, through forcible touching, unwanted communications, or a more aggressive sexual assault or rape, law enforcement may be alerted and an arrest warrant issued. Hence, just because this conduct takes place at work, or between co-workers, does not make a difference. Of course, that workplace context can and will make a difference in the way with which the case is prosecuted and defended. From a defense standpoint, a thorough lawyer will use company resources such as an HR department, video surveillance, worklogs, and work communications to round out a defense investigation in an effort to dig up exculpatory material.
Similarly, sexual harassment in the workplace may be handled through a civil lawsuit, whereby an employee seeks monetary damages for being the victim of this type of harassment and this type of hostile work-environment. Oftentimes, a creative plaintiff’s attorney can use the superior’s position within the firm and potential press scrutiny to successfully settle the case prior to filing an actual lawsuit.
Can You Guess Which of the Following Are Examples of Sexual Harassment in the Workplace?
Case 1
A co-worker repeatedly makes advances toward another with inviting yet sexual comments. The two have equal roles at the company.
✔ Yes, this is a clear-cut example of sexual harassment. Such behavior is not only inappropriate but may also lead to criminal charges or a civil case being brought against the perpetrator.
Case 2
A supervisor asks an employee to go out to drink together. The supervisor and employee discuss the company, trajectory, and promotions. Ultimately, the supervisor insinuates that he could land the employee a promotion but under the quid pro quo pretense of the employee agreeing to a romantic relationship with the supervisor.
✔ Yes, this would be an example of sexual harassment in the workplace.
Case 3
One co-worker asks another co-worker out on a date, and the request is accepted. The two co-workers enter into a romantic relationship but it eventually ends.
✖ No, it would be difficult to make out a sexual harassment case but for some extenuating circumstances which support that the romance was forced in some way.
Should I Contact a Lawyer Even if I Wasn’t Formally Charged of Sexual Harassment?
Yes. If you are accused of sexual harassment within the workplace, it is imperative that you hire a litigator immediately who can, in turn, begin laying the foundation for a thorough defense.
Oftentimes, creating a paper trail by documenting past communications, especially those which clearly express a consensual relationship, may be critical later on against civil or criminal charges.
On the other hand, an individual who believes that they are the victim of sexual harassment at work should also seek out counsel. Having a lawyer and a private investigator at this stage will assure that affirmative, early steps are taken to bring a credible and reliable claim in either the civil realm or a criminal setting. Indeed, hiring a lawyer early on can help with eliciting invaluable admissions from the other party which will play a critical role later on in achieving a successful outcome.
For more information on potential sentencings, common defense strategies, and recent cases, please visit the Sexual Harassment in the Workplace page