Morelli Law has a long history of successful sexual harassment cases, including helping one client recover $95 million through her claim. Find out how we can help you fight back against your abusers and hold them accountable for what happened.
Three Factors in Unlawful Workplace Harassment
The Equal Employment Opportunity Commission uses three factors to determine whether someone’s behavior is unlawful workplace harassment. These are:
- Whether the victim had to tolerate the harassment to get or keep their job.
- Whether the harassment was extensive enough to create a hostile or intolerable work environment.
- Whether the victim experienced harassment in retaliation for filing or participating in a complaint.
If you believe your situation falls into one of these categories, our lawyers can tell you if it does and if you can pursue a lawsuit against your employer. Sexual harassment is against the law and you do not have to tolerate it.
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877-751-9800Examples of Sexual Harassment
You may not know if your experience meets the level of sexual harassment. Here are some examples:
- Inappropriate or unnecessary touching or physical contact
- Lewd or pornographic imagery at work
- Verbal harassment or abuse, especially if it’s a pattern
- Pressure for unwanted sexual activities, whether subtle or obvious
- Requests for sexual favors, especially ones that imply they’ll affect your job if you don’t give in.
Any of these are worthy of an HR complaint, but they become unlawful if they meet one of the three factors already mentioned. The two most common kinds of sexual harassment are quid pro quo and hostile work environments.
Quid Pro Quo
This Latin term means “this for that”. It happens when someone of a higher rank requests sexual favors from someone of a lower rank. The superior will state or imply that the victim will get a benefit if they give in, like a promotion or a pay raise.
In some cases, quid pro quo harassment could also be offered to avoid a punishment. A supervisor will threaten demotion or a firing if the victim does not submit to their sexual demands.
Hostile Work Environment
A hostile work environment is one where a worker feels unsafe at work or has trouble performing their job duties because of what’s happening around them. This can be done through many ways. Dirty jokes, inappropriate pictures, sexist remarks, sexual gifts, questions about sexual history, and sexual advances all qualify, especially if it’s a pattern.
Reporting Sexual Harassment at Work
The U.S. Equal Employment Opportunity Commission (EEOC) recommends victims confront those who harass them directly by telling them to stop and filing a formal complaint at their job as a first step. You don’t have to be the victim to report; any witness can also file a complaint.
However, we know that confronting harassers and reporting incidents is difficult and you could face retaliation. Our sexual harassment lawyers in Carbondale can help you with your claim by:
- Explaining the state and federal laws and how they protect you
- Clearly defining who harmed you and the conduct they did
- Determining the effects of the harassment on your job performance, your finances, and any other damages.
- Gather evidence that the harassment happened
- Locate people who may have seen the harassment and collect statements
- Prepare for a lawsuit so you can get financial compensation.
You can reach out to us before you make your complaint to HR, but you should do it as soon as possible after your experience. Be prepared to explain exactly what happened to you, including dates and details, during your consultation.
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877-751-9800What Is Retaliation?
Sometimes a manager or an employer will penalize someone for reporting a problem in the workplace. This is called retaliation. It is illegal and you can file a lawsuit for it. An example of retaliation is someone seeing sexual harassment third-hand and reporting it, then getting fired because of the complaint.
You may be a victim of sexual harassment-related retaliation if you were penalized for:
- Talking to a supervisor or manager about what you’ve experienced or witnessed.
- Refusing to comply with harassing or discriminating acts.
- Refusing sexual advances or protecting others from them.
- Requesting reasonable accommodations for disability, religion, gender orientation, or any other protected class.
Damages You Can Recover Through a Sexual Harassment Claim
If your harassment or discrimination cost you a job promotion, a bonus, or made your workplace uncomfortable, you may be eligible for financial damages. We can assess which damages you’re entitled to and how much they may be worth. Common damages include:
- Income losses
- Costs of finding a new job
- Medical expenses
- Pain and suffering
- Mental and emotional trauma
In cases of extreme harassment or discrimination, a court may also award you punitive damages. Speak to us about this possibility. Punitive damages are more likely in cases where the harasser sexually attacked you or intentionally targeted you to the point of injury.
What To Do if You’re Sexually Harassed
If you’re reading this, you probably know how traumatizing sexual harassment is. You may feel helpless, but there are things you can do to seek justice. By reading this page, you know that sexual harassment is unlawful and you can seek compensation for it. Here’s what to do next.
If you feel in danger physically or psychologically, contact law enforcement first and give a report. Your safety is paramount. Once you are out of danger, keep a record of all occurrences of sexual harassment, including details, dates, witnesses, and times. Also include details of all complaints you’ve made to your harassers, HR, and your supervisor.
This evidence will help your Carbondale sexual harassment lawyer prove your claim and the value of your damages. Once you have written what you can remember, contact Morelli Law and ask for a free consultation with our sexual harassment attorneys.
Call or text 877-751-9800 or complete a Free Case Evaluation form