Sexual harassment at work encompasses a range of behaviors, such as unwanted advances, inappropriate jokes, being overlooked for promotions, and unwelcome physical contact. If you’ve experienced actions considered sexual harassment at work, it’s essential to address these issues promptly.
Consulting with a professional is important if you believe you’ve faced such harassment. A Boston sex and gender discrimination lawyer can help protect your rights and guide you through the process.
Sexual harassment is not only harmful but also illegal under both state and federal law. Support is available to hold the responsible parties accountable and to seek the justice you deserve.
What Is Sexual Harassment?
Sexual harassment is a serious issue that can occur in many forms. While many recognize it when they see it, determining whether harassment has taken place often requires careful legal analysis. It is unlawful to harass someone based on their sex, which can include both sexual behavior and actions motivated by gender.
For example, both unwanted sexual advances and inappropriate jokes about women can be classified as sexual harassment. A Boston employment discrimination lawyer can provide clarity on each unique situation.
Key Elements of Sexual Harassment
Not every instance of teasing or offhand comment qualifies as harassment. For conduct to be considered harassment, it must lead to negative employment consequences or create a hostile work environment. A Boston labor and employment lawyer can help clarify these distinctions.
Here are some examples of behaviors that may constitute sexual harassment:
- Sexual jokes
- Unwelcome physical conduct
- Requests for sexual favors
- Unwanted advances
- Remarks about someone’s body
- Requests for private meetings
- Sexual gestures
- Displaying sexually suggestive objects
- Emails with sexual images
- Comments of a sexual nature
- Speculations about sexual activity
- Statements about sexual activity
- Sexist remarks
- Sexual assault
- Sexual slurs
- Patterns of subtle sexual advances
- Direct sexual propositions
- Sexually explicit questions
If you suspect that you’ve experienced harassment or if something feels off in your workplace, it’s wise to consult a legal professional to discuss your concerns.
For a free legal consultation, call (860) 999-9394
Discrimination, Harassment, and Adverse Employment Actions
Harassment is just one form of sexually-based discrimination that can lead to legal action. Discrimination that results in negative employment consequences is also prohibited by state and federal law.
If an employer takes adverse action against an employee for rejecting sexual advances, it is typically considered harassment by the courts. In essence, any adverse action motivated by an employee’s sex or sexual reasons may be legally actionable.
Examples of Adverse Employment Actions
Here are some actions that might qualify as “adverse employment actions” in cases of sexual discrimination:
- Being passed over for a promotion
- Negative hiring decisions
- Demotion
- Termination
- Assignment to less desirable job duties
- Pay reduction
- Denial of time off
- Warning letters that could impact future discipline
If you believe you’ve faced discrimination or harassment, it’s important to speak with an attorney.
What to Do if You Are Experiencing Sexual Harassment at Work
If you find yourself facing sexual harassment at work, it’s essential to take steps to protect yourself and your rights to file a claim if the behavior continues.
Start by directly telling the person harassing you that their behavior is unacceptable and must stop. Clearly express that it makes you uncomfortable. Next, report the harassment to your manager or HR department, providing details about what happened, including the time, place, and any witnesses.
Document each harassment incident, including when and how you reported it. This can be important for a future claim. If harassment persists or you face retaliation, contact an attorney for guidance on your next steps.
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Should You Quit Your Job if You’re Experiencing Harassment or Discrimination?
No, quitting your job is not the best course of action from a legal standpoint. Instead, reach out for support.
If you resign, you may lose important aspects of any potential claim against your employer. While your health and well-being are important, it’s essential to know that quitting usually means you won’t have a wrongful termination case since you initiated the separation.
In some situations, a “constructive termination” could apply if the hostile work environment makes it impossible for you to perform your job, but this is often not the case. It’s better to consult with a Boston sex and gender discrimination attorney before making any decisions.
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Remedies and Damages for Sexual Harassment
If you choose to file a claim with the Equal Employment Opportunity Commission (EEOC), remember that it must be done within 180 days of the incident.
In Massachusetts, you have 300 days from the last act of harassment to file your claim. If the outcome isn’t what you expected, you have the right to appeal.
Should your sexual harassment claim be successful, you might receive several benefits, such as:
- Reinstatement to your original position
- Promotion that was unjustly denied
- Compensation for past and future lost wages and benefits
- Coverage for medical expenses related to the harassment
- Compensation for emotional distress caused by the harassment
- Recovery of attorney fees and court costs
These are just a few examples of the remedies available to you. Every case is different, so it’s important to consult with an attorney to explore what damages you may be eligible to recover.
The Importance of Legal Support
In situations of sexual harassment, understanding what is considered sexual harassment at work is essential for protecting your rights. Taking action is important, and having a knowledgeable lawyer can make a significant difference in your case.
Duddy, Goodwin & Pollard are committed to holding corporations and employers accountable for their actions. With their support, you can pursue the justice you deserve and work towards a resolution that acknowledges the harm caused.
Don’t hesitate to reach out for legal help. Taking this step can help you regain control and begin the healing process after experiencing harassment in the workplace.
Call or text (860) 999-9394 or complete a Free Case Evaluation form