Sexual harassment can take many forms and is experienced by both men and women in the workplace. It is unlawful to harass an employee or coworker based on their sex. This can be through unwanted sexual advances, requests for sexual favors, and verbal or physical harassment in a sexual nature. However, harassment does not need to be sexual in nature in order to constitute sexual harassment, it can include offensive remarks about a person’s sex.
While the law prohibits an employer from fostering a hostile work environment, off-hand comments or isolated incidents that are not serious in nature usually do not constitute illegal behavior subjecting employers to liability. However, if you are subjected to an adverse employment decision because you complained about harassment you have experienced, there may be a claim. In any event, if you have been or believe you are being sexually harassed at work, you should tell the harasser to stop. Although confrontation may be difficult, it may be the most effective way to stop the harassment. If the harassment continues, tell a supervisor or HR. Your employee handbook should have a complaint policy to follow.
If you believe you have a claim, you should talk with an attorney as soon as possible because the statute of limitations for these types of instances usually are under one year. When filing through the Equal Employment Opportunity Commission, the complaints must be made within 180 days of the incident, or in some circumstances 300 days if you live in a state that enforces a similar law. Claims cannot proceed if filed after the statute of limitations. If an act of hostility is committed within the time frame, the harassment claim may be considered when determining the possibility of liability.
At OVB Law & Consulting we specialize in employment discrimination. We feel strongly that discrimination disadvantages an individual through marginalization which further disadvantages a work environment by depriving it of the best qualified candidates. Please call our office if you are a victim of sexual harassment in the workplace.
“When filing through the EEOC, the complaints must be made within 180 days” – Equal Employment Opportunity Commission
